Mortellaro v. Fellner

District Court of Appeal of Florida

Mortellaro v. Fellner

276 So. 2d 74, 1973 Fla. App. LEXIS 6854

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1973

DocketNo. 72-626

StatusPublished

Cited by1 cases

This text of 276 So. 2d 74 (Mortellaro v. Fellner) 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

Mortellaro v. Fellner, 276 So. 2d 74, 1973 Fla. App. LEXIS 6854 (Fla. Ct. App. 1973).

Pincite

Opinion

PER CURIAM.

Appellant appeals an order of the circuit court sustaining the grant of a height restriction variance by the Board of Adjustment of the Town of North Redington Beach, Florida.

The board’s determination comes to the courts with a presumption of correctness and the courts will not substitute its judgment for that of the board. Troup v. Bird, Fla. 1951, 53 So.2d 717.

We have carefully examined the record on appeal and conclude that the appellant has not overcome this presumption and the court will not substitute its judgment for that of the board. Accordingly, the order appealed is affirmed.

Affirmed.

HOBSON, Acting C. J., and McNULTY, J., and PIERCE, J., (Ret.), concur.

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