Legal Opinion · Dissent

City of Riviera Beach v. Monmouth Lumber Corp.

District Court of Appeal of Florida

Decided March 9, 1972No. 71-264Published

1DissentWalden, J.

I respectfully dissent. The property owner was not entitled to a variance relieving it of the necessity for providing off-street parking, either as a matter of fact or law.

The only basis for such variance is the economic advantage which would accrue to the property owner and this is not sufficient. Dade County v. Frank N’ Bun Operating Co., Inc., Fla.App.1964, 169 So.2d 875; Board of Adjustment of City of Fort Lauderdale v. Kremer, Fla.App.1962, 139 So.2d 448; Friedland v. City of Hollywood, Fla.App.1961, 130 So.2d 306. As a selfish practical matter, probably each individual property owner…

2Cases cited6 opinions

  1. Josephson v. AutreySupreme Court of Florida · 1957
  2. Elwyn v. City of MiamiDistrict Court of Appeal of Florida · 1959
  3. Friedland v. City of HollywoodDistrict Court of Appeal of Florida · 1961
  4. Board of Adjustment v. KremerDistrict Court of Appeal of Florida · 1962
  5. Crossroads Lounge, Inc. v. City of MiamiDistrict Court of Appeal of Florida · 1967

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