Metropolitan Dade County v. Greenlee

CHARLES CARROLL, Chief Judge.

By this interlocutory appeal, Metropolitan Dade County seeks reversal of an order of the circuit court denying its motion to dismiss a complaint filed by the appellee seeking to mandatorily enjoin the county to liberalize the zoning on his parcel of property, following refusal of his request before the county commission.

The thrust of appellant’s argument is that since the action of the county commission was by resolution rather than by an ordinance the prescribed method of review was by certiorari, citing and relying on Land Corporation of Florida v. Metropolitan…