City of Sarasota v. Bay Island Towers, Inc.

District Court of Appeal of Florida

City of Sarasota v. Bay Island Towers, Inc.

295 So. 2d 680, 1974 Fla. App. LEXIS 7136

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1974

DocketNo. 73-532

StatusPublished

This text of 295 So. 2d 680 (City of Sarasota v. Bay Island Towers, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Sarasota v. Bay Island Towers, Inc., 295 So. 2d 680, 1974 Fla. App. LEXIS 7136 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

The City of Sarasota appeals a judgment invalidating an ordinance which changed the zoning of appellee’s property so as to preclude the erection of a high rise apartment pursuant to a previously obtained building permit. The lower court concluded that the ordinance had a confiscatory effect upon the appellee and held that the appellee had sustained the burden of showing that the zoning change was arbitrary and unreasonable and had no reasonably debatable relationship to the public health, safety or general welfare, cf. City of Clearwater v. College Properties, Inc., Fla.App.2d, 1970,239 So.2d 515.

On the particular facts presented by this record, we cannot say that the court erred. The judgment is, therefore, affirmed.

MANN, C. J., and McNULTY and GRIMES, JJ., concur.

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PER CURIAM.

The City of Sarasota appeals a judgment invalidating an ordinance which changed the zoning of appellee’s property so as to preclude the erection of a high rise apartment pursuant to a previously obtained building permit. The lower court concluded that the ordinance had a confiscatory effect upon the appellee and held that the appellee had sustained the burden of showing that the zoning change was arbitrary and unreasonable and had no reasonably debatable relationship to the public health, safety or general welfare, cf. City of Clearwater v. College Properties, Inc., Fla.App.2d, 1970,239 So.2d 515.

On the particular facts presented by this record, we cannot say that the court erred. The judgment is, therefore, affirmed.

MANN, C. J., and McNULTY and GRIMES, JJ., concur.

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295 So. 2d 680, 1974 Fla. App. LEXIS 7136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sarasota-v-bay-island-towers-inc-fladistctapp-1974.

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