Legal Opinion · Dissent

City of St. Augustine v. Graubard

District Court of Appeal of Florida

Decided March 2, 2001No. 5D00-2819Published

1Dissent

SHARP, W., J.,

dissenting.

I respectfully dissent, because in my view, the circuit court failed to apply the correct law. Instead of determining whether the City’s zoning decision was supported by competent substantial evidence, the court granted the petition for certiorari based on conflicting evidence presented by Graubard, the property owner. On appeal; the City of St. Augustine, Florida, seeks review of the circuit court’s order granting Robert Graubard’s1 petition for certiorari, which quashed the City’s denial of Graubard’s rezoning application. I would reverse.

The record reflects that…

2Cases cited17 opinions

  1. Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
  2. BD. OF CTY. COM'RS OF BREVARD v. SnyderSupreme Court of Florida · 1993
  3. Florida Power & Light Co. v. City of DaniaSupreme Court of Florida · 2000
  4. Nance v. Town of IndialanticSupreme Court of Florida · 1982
  5. Town of Indialantic v. NanceDistrict Court of Appeal of Florida · 1981

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