Treister v. City of Miami

This is an application for certiorari review of the affirmance of a City of Miami Commission resolution denying an application for a change of zoning. We conclude, in the light of the evidence concerning the surrounding area, the adverse recommendations of the City staff, the arguable violation of the applicable land use plan, and the failure to show that the property could not be economically used if the proposal were not adopted that the merits of the question were at least fairly debatable. See Hasam Realty Corp. v. Dade County, 486 So.2d 9 (Fla. 3d DCA 1986), review dismissed, 492 So.2d…