Centex Homes Corp. v. Metropolitan Dade County, 75--309

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Centex Homes Corp. v. Metropolitan Dade County, 318 So.2d 149 (Fla. App. 1975)
• Decision Date: 29 July 1975
• Docket Number: No. 75--309,75--309
• Parties: CENTEX HOMES CORPORATION, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.

Page 149

318 So.2d 149

CENTEX HOMES CORPORATION, Appellant, v. METROPOLITAN DADE COUNTY, Appellee.

No. 75--309.

District Court of Appeal of Florida, Third District.

July 29, 1975.

Williams, Salomon, Kanner & Damian and Gary S. Brooks, Miami, for appellant.

Stuart Simon, County Atty., and Stanley B. Price, Asst. County Atty., for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

This is an interlocutory appeal by Centex Homes Corporation, plaintiff in the trial court, from an order dismissing two counts of a complaint in which Centex sought to enjoin the defendant, Metropolitan Dade County, from enforcing a zoning ordinance against it and to declare such ordinance invalid.

According to the complaint, Centex is the owner and developer of a large tract of land in south-west Dade County known as Winston Park. In September of 1972, prior to the commencement of construction by Centex on the land, the Dade County Commission approved a land use plan for development of the tract. The plan provided for a community of single and multi-family dwellings, including townhouse zoning. In May of 1973, subsequent to the construction by Centex of the single family homes, the county passed Ordinance No. 73--56, in which it reduced the density of townhouses to less than that already approved for the Centex project. Dade County advised Centex that the new standards would be applied to the proposed townhouse section of the Winston Park project, whereupon Centex instituted zoning proceedings before the Dade County Zoning Appeals Board by petition for a variance exempting it from the effect of the ordinance. When the petition was denied by formal resolution of the County Commission, Centex did not take certiorari, but later, after the time for filing a petition for certiorari had passed, filed this action for declaratory decree and injunctive relief.

Dade County moved to dismiss the complaint. The trial court entered an order granting the motion,...