Ingraham v. Dade County

Florida Circuit Courts

Ingraham v. Dade County

50 Fla. Supp. 2d 54

CourtCircuit Court for the Judicial Circuits of Florida

DecidedNovember 1, 1991

DocketCase No. 90-148-AP

StatusPublished

This text of 50 Fla. Supp. 2d 54 (Ingraham v. Dade County) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ingraham v. Dade County, 50 Fla. Supp. 2d 54 (Fla. Super. Ct. 1991).

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Opinion

[55]*55OPINION OF THE COURT

Per curiam affirmed. The original building permit was properly issued. Nine (9) months later the property owners appealed challenging the validity of that permit. During that nine months period, there was a modification of the building site to comply with setback requirements and that modification was considered insignificant by the appropriate agencies of the City of Miami Beach. Therefore, the approval of the Dade County Shoreline Review Committee was not necessary since it had previously granted its approval prior to issuance of the building permit. However, even though not required, the Dade County Shoreline Review Committee ultimately approved the modified site plan. Jurisdiction was effective in each agency for the actions which each took.

Thereafter, the Dade County Board of Rules and Appeals properly determined that all. administrative conditions prerequisite to the issuance of the building permit had occurred.

The property owners were accorded the right to be heard even though they initially remained silent for some nine months. They then were heard and their contentions were rejected. The site plans complied with all aspects of the then applicable zoning laws which, it appears, are more intense than a newly adopted zoning code. Therefore, there was compliance with the procedures for issuance of the subject building permit.

AFFIRMED.

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[55]*55OPINION OF THE COURT

Per curiam affirmed. The original building permit was properly issued. Nine (9) months later the property owners appealed challenging the validity of that permit. During that nine months period, there was a modification of the building site to comply with setback requirements and that modification was considered insignificant by the appropriate agencies of the City of Miami Beach. Therefore, the approval of the Dade County Shoreline Review Committee was not necessary since it had previously granted its approval prior to issuance of the building permit. However, even though not required, the Dade County Shoreline Review Committee ultimately approved the modified site plan. Jurisdiction was effective in each agency for the actions which each took.

Thereafter, the Dade County Board of Rules and Appeals properly determined that all. administrative conditions prerequisite to the issuance of the building permit had occurred.

The property owners were accorded the right to be heard even though they initially remained silent for some nine months. They then were heard and their contentions were rejected. The site plans complied with all aspects of the then applicable zoning laws which, it appears, are more intense than a newly adopted zoning code. Therefore, there was compliance with the procedures for issuance of the subject building permit.

AFFIRMED.

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Bluebook (online)

50 Fla. Supp. 2d 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingraham-v-dade-county-flacirct-1991.