Legal Opinion

Musgrove v. Dade County

Circuit Court for the Judicial Circuits of Florida

Decided January 20, 1987No. Case No. 86-092 APPublished

1Opinion of the Court

OPINION OF THE COURT

RICHARD Y. FEDER, Judge.

The within matter is an appeal from the granting of a rezoning by the Dade County Commission. We reverse.

*185The property in question, as rezoned, would be an 8.5 acre commercial island floating in a sea of residential and agricultural properties. Although there are adjoining properties used as religious houses of worship or educational institutions, such uses are consistent with the character of the residential and agricultural neighborhood. The within hundred and forty thousand square foot office complex is not.

The litmus test to be applied by this…

2Cases cited4 opinions

  1. City of Miami Beach v. LachmanSupreme Court of Florida · 1953
  2. Skaggs-Albertson's v. ABC Liquors, Inc.Supreme Court of Florida · 1978
  3. Smith v. City of Miami BeachDistrict Court of Appeal of Florida · 1968
  4. Wolff v. DADE CTY.District Court of Appeal of Florida · 1979

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