Florida District Courts of Appeal, 1973

Mortellaro v. Fellner

Florida District Courts of Appeal · Decided April 13, 1973 · Hobson, McNulty, Pierce, Ret

276 So. 2d 74; 1973 Fla. App. LEXIS 6854 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Rinker Materials Corp. v. Citizens & Property Owners of the Seventh Avenue Neighborhood (Fla. Dist. Ct. App. 1975)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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