Baioff v. Miami Shores Village

Florida Circuit Courts

Baioff v. Miami Shores Village

6 Fla. Supp. 2d 160

Circuit Court for the Judicial Circuits of Florida·Decided December 10, 1982·No. Case No. 81 -190 AP·Published

Opinion

OPINION OF THE COURT

PER CURIAM.

Although we are of the opinion that appellant’s due process rights were probably violated by the procedures followed by the Miami Shores Village Code Enforcement Board, it is not necessary to decide this case on that point.

The record discloses that appellant cannot be prohibited from using [161]*161her home as a rooming house because of the doctrine of Non-conforming use. See Bemas Corporation v. City of Jacksonville, 298 So.2d 467 (Fla. 1st DCA 1974), Milling v. Berg, 104 So.2d 658 (Fla. 2d DCA 1958), City of Miami v. Lithgow, 12 So.2d 380 (Fla. 1943), and Daoud v. City of Miami Beach, 780 2d 585 (Fla. 1942).

REVERSED.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

PER CURIAM.

Although we are of the opinion that appellant’s due process rights were probably violated by the procedures followed by the Miami Shores Village Code Enforcement Board, it is not necessary to decide this case on that point.

The record discloses that appellant cannot be prohibited from using [161]*161her home as a rooming house because of the doctrine of Non-conforming use. See Bemas Corporation v. City of Jacksonville, 298 So.2d 467 (Fla. 1st DCA 1974), Milling v. Berg, 104 So.2d 658 (Fla. 2d DCA 1958), City of Miami v. Lithgow, 12 So.2d 380 (Fla. 1943), and Daoud v. City of Miami Beach, 780 2d 585 (Fla. 1942).

REVERSED.

Baioff v. Miami Shores Village, 6 Fla. Supp. 2d 160 (Fla. Super. Ct. 1982).

Pincite

6 Fla. Supp. 2d 160 (Baioff v. Miami Shores Village) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related