Milliron v. City of Madison
Milliron v. City of Madison
Opinion of the Court
This cause is before us on a petition for writ of certiorari to review the circuit court’s order dismissing the complaint for injunctive relief against the City of Madison’s Zoning Board (the Board).
On February 5, 1990, the Board, sitting as the “Board of Adjustment,” conducted a hearing on an application for a “restricted use” permit pursuant to Section 6.10 of the City’s zoning regulations, to allow construction of a county jail. The minutes of the February 5, 1990 meeting showed that the Board approved the restricted use exception after finding that “with the exception of the use being compatible to other property in the area,” all the criteria set forth in the zoning ordinance had been met.
The circuit court dismissed the complaint of Roy and Suzanne Milliron, petitioners herein, and denied relief on the grounds that the record was “incomplete and this court is unable to make a proper determination upon the record presented.” Petitioners argue: (1) that the trial court erred in dismissing the complaint on the grounds stated; and (2) that since Section 6.10 of the zoning ordinance requires all enumerated criteria be met before a restricted use exception can be granted, the Board’s finding that one of the criteria had not been met requires a denial of the application.
As to the first point, petitioner is correct. See Irvine v. Duval County Planning Commission, 495 So.2d 167 (Fla. 1986), dissent adopted on remand, 504 So.2d 1265 (Fla. 1st DCA 1986). As to the second point, however, the record, as supplemented,
Accordingly, petitioners’ writ of certiora-ri is granted. We relinquish jurisdiction to
. This court, on December 27, 1990, granted respondents’ motion to supplement the record with the minutes of the Board’s December 20, 1990 meeting, amending the February 5, 1990 minutes. The amended minutes were not before the circuit court at the time of its July 25, 1990 order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.