Miami Beach Homeowners Ass'n v. City of Miami Beach

District Court of Appeal of Florida

Miami Beach Homeowners Ass'n v. City of Miami Beach

579 So. 2d 920, 1991 Fla. App. LEXIS 5675, 1991 WL 92373

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1991

DocketNo. 90-2046

StatusPublished

Cited by1 cases

This text of 579 So. 2d 920 (Miami Beach Homeowners Ass'n v. City of Miami Beach) 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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Miami Beach Homeowners Ass'n v. City of Miami Beach, 579 So. 2d 920, 1991 Fla. App. LEXIS 5675, 1991 WL 92373 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The petitioner has standing to challenge only the procedural legality, rather than the wisdom of the municipal decision below. Save Brickell Ave., Inc. v. City of Miami, 395 So.2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami, 393 So.2d 1197 (Fla. 3d DCA 1981). On that issue, it has failed completely to establish, as it argues, that the Appellate Division of the Circuit Court departed from the essential requirements of the law in concluding that the Miami Beach City Commission had properly effected an abandonment of the city’s air rights over a particular street by resolution, rather than by ordinance. In accordance with City of Deer-field Beach v. Vaillant, 419 So.2d 624 (Fla. 1982), the petition for writ of certiorari is therefore denied.

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PER CURIAM.

The petitioner has standing to challenge only the procedural legality, rather than the wisdom of the municipal decision below. Save Brickell Ave., Inc. v. City of Miami, 395 So.2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami, 393 So.2d 1197 (Fla. 3d DCA 1981). On that issue, it has failed completely to establish, as it argues, that the Appellate Division of the Circuit Court departed from the essential requirements of the law in concluding that the Miami Beach City Commission had properly effected an abandonment of the city’s air rights over a particular street by resolution, rather than by ordinance. In accordance with City of Deer-field Beach v. Vaillant, 419 So.2d 624 (Fla. 1982), the petition for writ of certiorari is therefore denied.

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579 So. 2d 920, 1991 Fla. App. LEXIS 5675, 1991 WL 92373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-beach-homeowners-assn-v-city-of-miami-beach-fladistctapp-1991.

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