O'Connor v. Dade County

• Decision Date: 02 March 1982
• Docket Number: No. 81-665,81-665
• Citation: 410 So.2d 605
• Parties: John E. O'CONNOR, et al., d/b/a Colonial Palms Golf Course, Petitioners, v. DADE COUNTY, Respondent.
• Court: Florida District Court of Appeals

Page 605

410 So.2d 605

John E. O'CONNOR, et al., d/b/a Colonial Palms Golf Course, Petitioners, v. DADE COUNTY, Respondent.

No. 81-665.

District Court of Appeal of Florida, Third District.

March 2, 1982.

Rehearing Denied March 23, 1982.

John G. Fletcher, South Miami, for petitioners.

Robert A. Ginsburg, County Atty. and Stanley B. Price and Eileen Mehta, Asst. County Attys., for respondent.

Before HENDRY, SCHWARTZ and BASKIN, JJ.

SCHWARTZ, Judge.

The Dade County Commission improperly adopted a zoning plan with respect to the petitioners' property without first seeking the recommendation of the county's developmental impact committee as clearly and mandatorily required as to an area of this size by pertinent provisions of the Dade County Code, § 33-303.1(D) (1959). The affirmance of that action by the circuit court, acting in its appellate capacity, was therefore erroneous and a departure from the essential requirements of the law. Gulf & Eastern Development Corp. v. City of Ft. Lauderdale, 354 So.2d 57 (Fla.1978); City of Miami Beach v. State ex rel. Consolo, 279 So.2d 76 (Fla. 3d DCA 1973), cert. denied, 292 So.2d 24 (Fla.1974); Florida Tallow Corp. v. Bryan, 237 So.2d 308 (Fla. 4th DCA 1970). Consequently, treating this appeal as a petition for certiorari, Save Brickell Ave., Inc. v. City of Miami, 393 So.2d 1197 (Fla. 3d DCA 1981), we quash the circuit court order of affirmance of February 18, 1981, as amended March 4, 1981, and remand the cause with directions to vacate and set aside the commission action of October 28, 1980 under review.

Certiorari granted.