Garden State Properties, Inc. v. Dade County, Fla., 81-2297

Citation410 So.2d 655
Decision Date09 March 1982
Docket NumberNo. 81-2297,81-2297
PartiesGARDEN STATE PROPERTIES, INC., Petitioner, v. DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, andBoard of County Commissioners of Metropolitan Dade County, Florida,Respondents.
CourtCourt of Appeal of Florida (US)

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

Robert A. Ginsburg, County Atty. and Eileen Ball Mehta, Asst. County Atty., for respondents.

Before HENDRY, DANIEL S. PEARSON and BASKIN, JJ.

PER CURIAM.

We deny the petition for writ of certiorari filed by Garden State Properties, Inc. upon a holding that (1) the County Commission was amply justified in finding that there was no change of circumstances which would avoid the application of administrative res judicata as a bar to petitioner's application for rezoning, Coral Reef Nurseries, Inc. v. The Babcock Company, 410 So.2d 648 (Fla.3d DCA 1982); (2) even if, arguendo, the Commission had found a change of circumstances, the Commission's denial of the petitioner's application was supported by substantial competent evidence, and the decision of the Commission fairly debatable, Coral Reef Nurseries, Inc. v. The Babcock Company, supra; Dade County v. Inversiones Rafamar, S.A., 360 So.2d 1130 (Fla.3d DCA 1978); Moviematic Industries Corp. v. Board of County Commissioners of Metropolitan Dade County, 349 So.2d 667 (Fla.3d DCA 1977); Dade County v. Yumbo, S.A., 348 So.2d 392 (Fla.3d DCA 1977); County of Brevard v. Woodham, 223 So.2d 344 (Fla. 4th DCA 1969); (3) nor does the existing zoning on the property deprive the petitioner of its beneficial use so as to be confiscatory, notwithstanding that the petitioner may be prevented from using such property in a manner which is economically most advantageous to it, City of Miami v. Zorovich, 195 So.2d 31 (Fla.3d DCA 1967); Waring v. Peterson, 137 So.2d 268 (Fla.2d DCA 1962).

Certiorari denied.

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2 cases
  • Bensch v. Metropolitan Dade County
    • United States
    • Court of Appeal of Florida (US)
    • April 18, 1989
    ...of all reasonable and beneficial use of the property involved."), review denied, 508 So.2d 15 (Fla.1987); Garden State Properties, Inc. v. Dade County, 410 So.2d 655 (Fla. 3d DCA 1982); City of Miami v. Zorovich, 195 So.2d 31 (Fla. 3d DCA 1967), cert. denied, 201 So.2d 554 (Fla.1967). (b) T......
  • Hasam Realty Corp. v. Dade County
    • United States
    • Court of Appeal of Florida (US)
    • March 4, 1986
    ...Since the courts may not interfere with a zoning decision on either of these bases, let alone both, see Garden State Properties, Inc. v. Dade County, 410 So.2d 655 (Fla. 3d DCA 1982), the circuit court's affirmance of the commission's action was in full compliance with the essential require......

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