Florida District Courts of Appeal, 2000

City of Boca Raton Florida v. School Board of Palm Beach County

City of Boca Raton Florida v. School Board of Palm Beach County
Florida District Courts of Appeal · Decided August 16, 2000 · Dell, Gross, Warner
764 So. 2d 923; 2000 Fla. App. LEXIS 10379; 2000 WL 1154008 (Southern Reporter, Second Series)

City of Boca Raton Florida v. School Board of Palm Beach County

Opinion of the Court

PER CURIAM.

The City of Boca Raton seeks certiorari review of an order rendered by the circuit court sitting in its appellate capacity. The circuit court reversed orders by the City’s Code Enforcement Board, finding that two telecommunications towers, located on the property of an elementary school and a high school, violated the city’s zoning code.

In this proceeding, our review is limited to “whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” Haines City Community Dev. v. Heggs, 658 So.2d 523, 530 (Fla. 1995).

As the respondent conceded at oral argument, the language of the circuit court’s order is too broad. Under the facts of this case, the telecommunications towers were authorized under section 235.193(8)(b), Florida Statutes (1999). We therefore deny the petition. We strike all language in the circuit court order beginning with the word “Furthermore.”

WARNER, C.J., DELL and GROSS, JJ., concur.

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