City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Nos. 68--330
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | BARKDULL |
| Citation | 216 So.2d 509 |
| Parties | CITY OF MIAMI BEACH, a municipal corporation under the laws of the State of Florida, and Meyer Z. Reuben, Appellants, v. SUNSET ISLANDS 3 & 4 PROPERTY OWNERS ASSOCIATION, Inc., a non-profit corporation, Appellee. |
| Decision Date | 03 December 1968 |
| Docket Number | Nos. 68--330,68--331 |
Page 509
v.
SUNSET ISLANDS 3 & 4 PROPERTY OWNERS ASSOCIATION, Inc., a non-profit corporation, Appellee.
Rehearing Denied Jan. 9, 1969.
Page 510
Joseph A. Wanick, City Atty., Irving Cypen, Miami Beach, for appellants.
Pallot, Silver, Pallot, Stern & Proby, Miami, for appellee.
Before PEARSON, BARKDULL and HENDRY, JJ.
BARKDULL, Judge.
Involved in these appeals is the propriety of a peremptory writ of mandamus, directing the Chief Building Inspector of the City of Miami Beach to enforce the provision of the zoning code of said City in reference to certain property located therein.
From the record on appeal, the following is revealed: Lots 22 to 35 (inclusive), Block 15A, ISLAND VIEW ADDITION, Plat Book 9, page 44, of the Public Records of Dade County, Florida, were located in a use district known as 'BD' which, among other things, permitted 'boat or yacht storage * * *'. Following necessary procedural steps in holding a public hearing, the City of Miami Beach amended its comprehensive zoning ordinance (by its duly constituted authority) and moved this property from a 'BD' business district to a 'BB' business district. Thereafter, the 6 lots involved in this litigation (being lots 28 through 33 inclusive) were sold and disposed of and came into the control and use of the Miami Beach Yacht Corporation, which owned adjacent property to the west whereon, among other things, they conducted a boat manufacturing business. Subsequent to the property being placed in a 'BB' business district, boats belonging to the Miami Beach Yacht Corporation were stored on these properties. Counsel for the appellee-relator requested the Chief Building Inspector (appellant, Reuben) to cause this unauthorized use of these lots for boat storage to be halted, he being the responsible authority in the City of Miami Beach charged with this duty pursuant to the City's comprehensive zoning ordinance, as follows: 'It shall be the duty of the building inspector to enforce this ordinance.'
When it became apparent that the building inspector was not going to discharge his
Page 511
duty and was not going to attempt to halt the unauthorized use in this 'BB' business district, the appellee (as relator in the trial court) filed a petition for alternative writ of mandamus, which petition was granted and the alternative writ issued. Following service of the alternative writ and a copy of the...To continue reading
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Metropolitan Dade County v. Fontainebleau Gas & Wash, Inc., No. 90-1802
...of requiring any further administrative action is apparent. See City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Inc., 216 So.2d 509 (Fla. 3d DCA 1968); Cook v. Di Domenico, 135 So.2d 245 (Fla. 3d DCA Owners are deemed to purchase property with constructive knowledge of ap......
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City of Miami Beach v. Jonathon Corp., Nos. 69--1026
...an administrative duty would be unnecessary or useless (City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Fla.App.1969, 216 So.2d 509; 73 C.J.S. Public Administrative Bodies and Procedure § 46). Compare the facts of the present case with those of City of Hollywood v. Petter......
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Halifax Area Council on Alcoholism v. City of Daytona Beach, No. 79-21
...administrative arbiter, accepted and ruled upon its appeal without requiring Board disposition. In City of Miami v. Sunset Island, 216 So.2d 509 (Fla.3d DCA 1969), the Third District recognized there is no requirement that one exhaust his administrative remedies prior to seeking mandamus wh......
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Centrust Sav. Bank v. City of Miami, No. 85-1765
...by a mandamus action, be required to discharge an official duty. City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Association, 216 So.2d 509 (Fla. 3d DCA 1968). It is also the law in this state that a private citizen has standing, without showing special injury, to enforce a publ......
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Metropolitan Dade County v. Fontainebleau Gas & Wash, Inc., No. 90-1802
...of requiring any further administrative action is apparent. See City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Inc., 216 So.2d 509 (Fla. 3d DCA 1968); Cook v. Di Domenico, 135 So.2d 245 (Fla. 3d DCA Owners are deemed to purchase property with constructive knowledge of ap......
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City of Miami Beach v. Jonathon Corp., Nos. 69--1026
...an administrative duty would be unnecessary or useless (City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Ass'n, Fla.App.1969, 216 So.2d 509; 73 C.J.S. Public Administrative Bodies and Procedure § 46). Compare the facts of the present case with those of City of Hollywood v. Petter......
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Halifax Area Council on Alcoholism v. City of Daytona Beach, No. 79-21
...administrative arbiter, accepted and ruled upon its appeal without requiring Board disposition. In City of Miami v. Sunset Island, 216 So.2d 509 (Fla.3d DCA 1969), the Third District recognized there is no requirement that one exhaust his administrative remedies prior to seeking mandamus wh......
-
Centrust Sav. Bank v. City of Miami, No. 85-1765
...by a mandamus action, be required to discharge an official duty. City of Miami Beach v. Sunset Islands 3 & 4 Property Owners Association, 216 So.2d 509 (Fla. 3d DCA 1968). It is also the law in this state that a private citizen has standing, without showing special injury, to enforce a publ......