Legal Opinion

Baioff v. Miami Shores Village

Circuit Court for the Judicial Circuits of Florida

Decided December 10, 1982No. Case No. 81 -190 APPublished

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Although we are of the opinion that appellant’s due process rights were probably violated by the procedures followed by the Miami Shores Village Code Enforcement Board, it is not necessary to decide this case on that point.

The record discloses that appellant cannot be prohibited from using *161her home as a rooming house because of the doctrine of Non-conforming use. See Bemas Corporation v. City of Jacksonville, 298 So.2d 467 (Fla. 1st DCA 1974), Milling v. Berg, 104 So.2d 658 (Fla. 2d DCA 1958), City of Miami v. Lithgow, 12 So.2d 380 (Fla. 1943), and Daoud v. City of Miami…

3Cases cited3 opinions

  1. Bemas Corp. v. City of JacksonvilleDistrict Court of Appeal of Florida · 1974
  2. Milling v. BergDistrict Court of Appeal of Florida · 1958
  3. The City of Miami v. LithgowSupreme Court of Florida · 1943

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