Gateway Prop. v. Dept. of Community Affairs
This text of 960 So. 2d 771 (Gateway Prop. v. Dept. of Community Affairs) 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.
Opinion
GATEWAY SOUTHEAST PROPERTIES, INC., and City of Doral, Appellants,
v.
DEPARTMENT OF COMMUNITY AFFAIRS, TOWN OF MEDLEY, and Waste Management, Inc. of Florida, Appellees.
District Court of Appeal of Florida, Third District.
*772 Shubin & Bass and Elaine D. Walter and Jeffrey S. Bass, and Lucinda A. Hofmann; John J. Hearn, Miami; Goren, Cherof, Doody & Ezrol and Michael D. Cirullo, Jr., Fort Lauderdale, for appellants.
Roth, Rousso & Katsman and Barbara J. Riesberg; White & Case and Douglas M. Halsey and Evan M. Goldenberg and Mark B. Martinez; Richard E. Shine, Miami, for appellees.
Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.
Rehearing and Rehearing En Banc Denied August 2, 2007.
We reverse the Summary Final Order of the Division of Administrative Hearings, determining that the Town of Medley's Ordinance C-306 is consistent with the Town's Comprehensive Plan. Ordinance C-306 permits expansion of a non-conforming use, which the Comprehensive Plan destined to be phased out. This violates the Florida Growth Management Act's dictates that local plans be "implemented through the adoption of land development regulations that are consistent with the plan." Bd. of County Comm'rs of Brevard County v. Snyder, 627 So.2d 469, 473 (Fla. 1993)(emphasis added); § 163.3202, Fla. Stat. (2006). Here, as the Ordinance unequivocally "deviates or departs" from the parameters of the Plan, Machado v. Musgrove, 519 So.2d 629, 634 (Fla. 3d DCA 1987), we cannot hold that it is consistent. See City of Miami Beach v. Chisholm Props. S. Beach, Inc., 830 So.2d 842, 843 (Fla. 3d DCA 2002)(Schwartz, C.J., specially concurring).
We therefore reverse the Summary Final Order and remand with instructions to grant Gateway's Motion for Summary Final Order.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
960 So. 2d 771, 2007 WL 1266157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gateway-prop-v-dept-of-community-affairs-fladistctapp-2007.