Florida District Courts of Appeal, 1993

City of Lake Worth v. Cook

City of Lake Worth v. Cook
Florida District Courts of Appeal · Decided November 24, 1993 · Dell, Hersey, Warner
626 So. 2d 1115; 1993 Fla. App. LEXIS 11771; 1993 WL 482340 (Southern Reporter, Second Series)

City of Lake Worth v. Cook

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is denied.

DELL, C.J., and HERSEY, J., concur. WARNER, J., dissenting with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting with opinion.

The city petitions for certiorari review of the circuit court’s decision, in its appellate capacity, quashing a decision of the city’s Zoning Board of Appeals which refused respondents’ request to continue a nonconforming use on their property. I do not find that the board’s interpretation of its own ordinance is clearly erroneous. See Peters v. Thompson, 68 So.2d 581 (Fla. 1953). The cases cited by the circuit court as controlling Florida precedent appear to be distinguishable from the facts of this case.

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