Wiener v. County of Dade

District Court of Appeal of Florida

Wiener v. County of Dade

386 So. 2d 621, 1980 Fla. App. LEXIS 23714

CourtDistrict Court of Appeal of Florida

DecidedAugust 12, 1980

DocketNo. 79-1462

StatusPublished

This text of 386 So. 2d 621 (Wiener v. County of Dade) 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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Wiener v. County of Dade, 386 So. 2d 621, 1980 Fla. App. LEXIS 23714 (Fla. Ct. App. 1980).

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Opinion

BASKIN, Judge.

Appellant Wiener appeals a decision of the circuit court which affirmed the decision of the Dade County Commission to rezone certain property from IU-2 (Industry-Heavy) to AU (Agricultural) use. We have jurisdiction. United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979).

In this case, the question of whether the resolution serves the health, safety, morals, or general welfare of the public is “fairly debatable,” and therefore, the resolution should not be disturbed by the court. Dade County v. United Resources, Inc., 374 So.2d 1046 (Fla. 3d DCA 1979) and Dade County v. Inversiones Rafamar, S.A., 360 So.2d 1130 (Fla. 3d DCA 1978).

Accordingly, the order of affirmance of the circuit court is hereby affirmed.

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BASKIN, Judge.

Appellant Wiener appeals a decision of the circuit court which affirmed the decision of the Dade County Commission to rezone certain property from IU-2 (Industry-Heavy) to AU (Agricultural) use. We have jurisdiction. United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979).

In this case, the question of whether the resolution serves the health, safety, morals, or general welfare of the public is “fairly debatable,” and therefore, the resolution should not be disturbed by the court. Dade County v. United Resources, Inc., 374 So.2d 1046 (Fla. 3d DCA 1979) and Dade County v. Inversiones Rafamar, S.A., 360 So.2d 1130 (Fla. 3d DCA 1978).

Accordingly, the order of affirmance of the circuit court is hereby affirmed.

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386 So. 2d 621, 1980 Fla. App. LEXIS 23714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiener-v-county-of-dade-fladistctapp-1980.

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