Home/District Court of Appeal of Florida/City of St. Augustine v. Graubard

City of St. Augustine v. Graubard

780 So. 2d 272, 2001 Fla. App. LEXIS 2335, 2001 WL 201936
CourtDistrict Court of Appeal of Florida
DecidedMarch 2, 2001
DocketNo. 5D00-2819
StatusPublished

This text of 780 So. 2d 272 (City of St. Augustine v. Graubard) 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.

Bluebook
City of St. Augustine v. Graubard, 780 So. 2d 272, 2001 Fla. App. LEXIS 2335, 2001 WL 201936 (Fla. Ct. App. 2001).

Opinions

GRIFFIN, J.

The City of St. Augustine seeks a writ of certiorari to review an order of the circuit court that quashed an order of the City Commission denying a rezoning application. This court is limited in its review to whether due process was afforded and the correct law was applied. Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla.1995).

The City acknowledges that under Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla.1993), the City had the burden to show that the current HP 1 zoning “accomplishes a legitimate public purpose,” and that its refusal to rezone the property was not “arbitrary, discriminatory or unreasonable.” Id. at 476. As the city observes, the circuit court’s order is not a model of clarity; nevertheless, as we read the order, it appears the trial court found that Snyder’s test was not met.

Petition DENIED.

SAWAYA, J., concurs SHARP, W., J. dissents, with opinion.

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

Related

Haines City Community Dev. v. Heggs
658 So. 2d 523 (Supreme Court of Florida, 1995)
Town of Indialantic v. Nance
400 So. 2d 37 (District Court of Appeal of Florida, 1981)
Lewis v. City of Atlantic Beach
467 So. 2d 751 (District Court of Appeal of Florida, 1985)
City of Jacksonville Beach v. Marisol Land Development, Inc.
706 So. 2d 354 (District Court of Appeal of Florida, 1998)
Town of Redington Shores v. Innocenti
455 So. 2d 642 (District Court of Appeal of Florida, 1984)
Orange County v. Lust
602 So. 2d 568 (District Court of Appeal of Florida, 1992)
Metropolitan Dade County v. Blumenthal
675 So. 2d 598 (District Court of Appeal of Florida, 1996)
St. Johns County v. Smith
766 So. 2d 1097 (District Court of Appeal of Florida, 2000)
First City Sav. Corp. v. S & B PARTNERS
548 So. 2d 1156 (District Court of Appeal of Florida, 1989)
City of Miramar v. Amoco Oil Company
524 So. 2d 506 (District Court of Appeal of Florida, 1988)
FORT LAUDERDALE BD. OF ADJUSTMENT v. Nash
413 So. 2d 855 (District Court of Appeal of Florida, 1982)
Metropolitan Dade Cty. v. Section 11 Prop. Corp.
719 So. 2d 1204 (District Court of Appeal of Florida, 1998)
Florida Power & Light Co. v. City of Dania
761 So. 2d 1089 (Supreme Court of Florida, 2000)
3m Nat. Advertising Co. v. City of Tampa Code Enf. Bd.
587 So. 2d 640 (District Court of Appeal of Florida, 1991)
Bixler v. Pierson
188 So. 2d 681 (District Court of Appeal of Florida, 1966)
BD. OF CTY. COM'RS OF BREVARD v. Snyder
627 So. 2d 469 (Supreme Court of Florida, 1993)
Nance v. Town of Indialantic
419 So. 2d 1041 (Supreme Court of Florida, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
780 So. 2d 272, 2001 Fla. App. LEXIS 2335, 2001 WL 201936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-st-augustine-v-graubard-fladistctapp-2001.