City of Pembroke Pines v. Blacker

Upon due consideration of the briefs and oral argument and after careful review of the record on appeal we are of the opinion that the trial court misconstrued the legal effect of the evidence in granting plaintiffs’-appellees’ application for rezoning of their property from residential to commercial. The evidence in the record as well as the findings of fact demonstrate, in our opinion, that the zoning classification placed upon plaintiffs’ property by defendants-appellants was fairly debatable; plaintiffs failed to carry their burden of proving that the existing ordinance and zoning…