Florida District Courts of Appeal, 1982

O'Connor v. Dade County

Florida District Courts of Appeal · Decided March 2, 1982 · Baskin, Hendry, Schwartz

410 So. 2d 605; 1982 Fla. App. LEXIS 19352 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Miccosukee Tribe of Indians v. State (Fla. Dist. Ct. App. 1995)
Coral Reef Nurseries, Inc. v. Babcock Co. (Fla. Dist. Ct. App. 1982)

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

SCHWARTZ, Judge.

The Dade County Commission improperly adopted a zoning plan with respect to the petitioners’ property without first seeking the recommendation of the county’s developmental impact committee as clearly and mandatorily required as to an area of this size by pertinent provisions of the Dade County Code, § 33-303.1(D) (1959). The af-firmance of that action by the circuit court, acting in its appellate capacity, was there*606fore erroneous and a departure from the essential requirements of the law. Gulf & Eastern Development Corp. v. City of Ft. Lauderdale, 354 So.2d 57 (Fla. 1978); City of Miami Beach v. State ex rel. Consolo, 279 So.2d 76 (Fla. 3d DCA 1973), cert. denied, 292 So.2d 24 (Fla. 1974); Florida Tallow Corp. v. Bryan, 237 So.2d 308 (Fla. 4th DCA 1970). Consequently, treating this appeal as a petition for certiorari, Save Brickell Ave., Inc. v. City of Miami, 393 So.2d 1197 (Fla. 3d DCA 1981), we quash the circuit court order of affirmance of February 18, 1981, as amended March 4, 1981, and remand the cause with directions to vacate and set aside the commission action of October 28, 1980 under review.

Certiorari granted.

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