Legal Opinion

Rinker Materials Corp. v. Citizens & Property Owners of the Seventh Avenue Neighborhood

District Court of Appeal of Florida

Decided May 2, 1975No. Nos. 74-1460 and 74-1461PublishedCited by 1 opinion

1Per curiam

Upon due consideration of the briefs and record on appeal we are of the opinion that the order of the trial court was erroneous. In reviewing by writ of certiorari an order entered by the Zoning Board of Appeals of the City of Lake Worth pertaining to the granting of a special exception for the use of certain property, the trial court apparently undertook to conduct a de novo proceeding taking ad*81ditional evidence and substituting its own judgment for that of the Board contrary to established precedent. City of Miami v. Loughrey, Fla.App.1964, 166 So.2d 236; Mortellaro v. Fellner,…

2Cases cited4 opinions

  1. Cabot v. Clearwater Construction CompanySupreme Court of Florida · 1956
  2. Lindy's of Orlando, Inc. v. United Electric Co.District Court of Appeal of Florida · 1970
  3. City of Miami v. LoughreyDistrict Court of Appeal of Florida · 1964
  4. Mortellaro v. FellnerDistrict Court of Appeal of Florida · 1973

3Cited by1 opinion

  1. Planning & Zoning Board of Orange Park v. EagerDistrict Court of Appeal of Florida · 1977

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