City of Melbourne v. Puma

We consider the present case after the Florida Supreme Court remanded our decision in City of Melbourne v. Puma, 616 So.2d 190 (Fla. 5th DCA 1993), for further consideration consistent with Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla.1993). City of Melbourne v. Puma, 630 So.2d 1097 (Fla.1994).

After a non-jury trial, the trial court, based upon our decision in Snyder,1 ordered the City of Melbourne either to grant the request of Joseph Albert Puma to have his property rezoned and the City’s Comprehensive Plan amended accordingly,2 or to hold an evidentiary…