St. Johns County v. Lil' Champ, Inc.

District Court of Appeal of Florida

St. Johns County v. Lil' Champ, Inc.

623 So. 2d 873, 1993 Fla. App. LEXIS 9507

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1993

DocketNo. 93-1127, 93-1128

StatusPublished

This text of 623 So. 2d 873 (St. Johns County v. Lil' Champ, Inc.) 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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St. Johns County v. Lil' Champ, Inc., 623 So. 2d 873, 1993 Fla. App. LEXIS 9507 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The Petitions for Writ of Certiorari filed in these cases have been consolidated by the court and are denied. One of the lower court’s stated reasons for reversing the order of the commission was that the findings of fact upon which the commission’s order was based were unsupported by substantial competent evidence. The commission’s order found as fact that, in connection with its permit application, Lil’ Champ claimed that the subject facility would have sales volumes of both convenience goods and gasoline similar to its other store locations. The commission found that such data established that the planned facility would not meet the definition of a “service station” as defined in the applicable zoning ordinance.

Given this court’s narrow scope of review of lower court decisions in such eases, there is no basis for issuance of the writ. Education Dev. Ctr. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So.2d 106 (Fla.1989). As noted by the lower court, if respondent does not use the building in accordance with applicable zoning ordinances, petitioners¹ will have an adequate remedy.

PETITION DENIED.

GOSHORN, GRIFFIN and THOMPSON, JJ., concur.

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PER CURIAM.

The Petitions for Writ of Certiorari filed in these cases have been consolidated by the court and are denied. One of the lower court’s stated reasons for reversing the order of the commission was that the findings of fact upon which the commission’s order was based were unsupported by substantial competent evidence. The commission’s order found as fact that, in connection with its permit application, Lil’ Champ claimed that the subject facility would have sales volumes of both convenience goods and gasoline similar to its other store locations. The commission found that such data established that the planned facility would not meet the definition of a “service station” as defined in the applicable zoning ordinance.

Given this court’s narrow scope of review of lower court decisions in such eases, there is no basis for issuance of the writ. Education Dev. Ctr. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So.2d 106 (Fla.1989). As noted by the lower court, if respondent does not use the building in accordance with applicable zoning ordinances, petitioners¹ will have an adequate remedy.

PETITION DENIED.

GOSHORN, GRIFFIN and THOMPSON, JJ., concur.

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623 So. 2d 873, 1993 Fla. App. LEXIS 9507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-johns-county-v-lil-champ-inc-fladistctapp-1993.

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