Home/District Court of Appeal of Florida/ABC Liquors, Inc. v. Skaggs-Albertson's

ABC Liquors, Inc. v. Skaggs-Albertson's

349 So. 2d 657, 1977 Fla. App. LEXIS 16035
District Court of Appeal of Florida·Decided August 2, 1977·No. No. 76-1383·Published·Cited by 2 cases

Opinion

DAUKSCH, Judge.

On appeal is a decision of the Circuit Court quashing the decision of the Orange County Board of County Commissioners in a zoning case. We reverse.

ABC owns a liquor store which is located as shown below. Skaggs owns a grocery store and a liquor store. The liquor store is in the same building as the grocery store but has its own entrance and no access to the liquor store is made through the grocery store.

The Orange County Zoning Code provides no liquor store may be licensed to operate within 5000 feet of an established liquor store. Section 15, Article XXV, Zoning Resolution of Orange County. Section 4 of the zoning code provides the method by which the measurement of the 5000 feet is made.

“This distances (sic) provided in this Resolution shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the proposed main entrance of a vendor who proposes to operate his place of business and is licensed under Chapter 561, Florida Statutes, to the main entrance of any other vendor who is operating such a business.”

We must decide whose interpretation of Section 4 is correct; the County Commission or the trial court.

Here is a drawing of the location of the properties and the lines drawn by the court and the Commission.

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ABC Liquors, Inc. v. Skaggs-Albertson's, 349 So. 2d 657, 1977 Fla. App. LEXIS 16035 (Fla. Ct. App. 1977).

349 So. 2d 657 (ABC Liquors, Inc. v. Skaggs-Albertson's) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Skaggs-Albertson's v. ABC Liquors, Inc.
363 So. 2d 1082 (Supreme Court of Florida, 1978)
Rayan Corp., Inc. v. BD. OF CTY. COMMISSIONERS
356 So. 2d 1276 (District Court of Appeal of Florida, 1978)