Legal Opinion
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Florida Attorney General Reports
Decided May 10, 1974Published
1Opinion of the Court
QUESTION: Is Indian River County Ordinance 71-3, as amended by Indian River County Ordinance 73-3, a valid county zoning ordinance?
SUMMARY: A zoning ordinance which conditions the rezoning of property upon the issuance of a building permit or the completion of construction on the property is an invalid form of conditional zoning. The zoning ordinance, as set out in full, reads: (C) Permit: When a person requests a change in zoning of any district, then the requested change if granted, shall be contingent upon the applicant obtaining a permit for the proposed construction within six (6) months…
2Cases cited11 opinions
- Treadway v. City of RockfordIllinois Supreme Court · 1962
- Allred v. City of RaleighSupreme Court of North Carolina · 1971
- Hartnett v. AustinSupreme Court of Florida · 1956
- Houston Petroleum Co. v. Automotive Products Credit Ass'n, Inc.Supreme Court of New Jersey · 1952
- Lewis v. City of JacksonMississippi Supreme Court · 1966
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