Legal Opinion

Dowd v. Monroe County

District Court of Appeal of Florida

Decided January 2, 1990No. 89-980PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

The trial court upheld the issuance of a building permit for a very substantial expansion of a motel on Lower Matecumbe Key, Monroe County. We reverse the judgment upon the holding that the existing motel, originally constructed in 1956, constituted a nonconforming use in its present district which, under the general law and the specific terms of Monroe County’s zoning ordinance,1 may not be lawfully enlarged or expanded.

The operative facts are entirely undisputed. The appellee Popplewell’s property was constructed in 1956 as a five-unit cabin-type motel. At that time,…

2Cases cited9 opinions

  1. City of Deerfield Beach v. VaillantSupreme Court of Florida · 1982
  2. City of University Park v. BennersTexas Supreme Court · 1972
  3. Beyer v. Mayor of BaltimoreCourt of Appeals of Maryland · 1943
  4. Thompson v. PLANNING COM'NDistrict Court of Appeal of Florida · 1985
  5. Bixler v. PiersonDistrict Court of Appeal of Florida · 1966

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3Cited by1 opinion

  1. Cardillo v. Fla. Keys Aqueduct Auth.District Court of Appeal of Florida · 1995

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