Legal Opinion

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Florida Attorney General Reports

Decided May 10, 1995Published

1Opinion of the Court

Ms. Patricia A. Petruff General Counsel City of Holmes Beach 1111 Third Avenue West Suite 300 Bradenton, Florida 34205

Dear Ms. Petruff:

You have asked for my opinion on substantially the following questions:

1. Does section 163.3189, Florida Statutes, preempt the authority of the City of Holmes Beach from adopting a charter amendment that would require any increase in density limitations contained in the existing comprehensive plan to be approved by the voters of the City of Holmes Beach?

2. Does a charter provision that requires voter approval to increase density limitations contained in the…

2Cases cited11 opinions

  1. Thayer v. StateSupreme Court of Florida · 1976
  2. Dobbs v. Sea Isle HotelSupreme Court of Florida · 1952
  3. Alsop v. PierceSupreme Court of Florida · 1944
  4. State v. EganSupreme Court of Florida · 1973
  5. City of Miami Beach v. Rocio Corp.District Court of Appeal of Florida · 1981

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