Planning and Zoning Bd. of Town of Orange Park v. Kager, DD-477
| Decision Date | 07 November 1977 |
| Docket Number | No. DD-477,DD-477 |
| Citation | 351 So.2d 402 |
| Parties | PLANNING AND ZONING BOARD OF the TOWN OF ORANGE PARK, etc., Appellant, v. John KAGER and Melissa Kager, Appellees. |
| Court | Florida District Court of Appeals |
Claude L. Mullis, Jacksonville, for appellant.
Steven R. Heller, Jacksonville, for appellees.
The planning and zoning board of the Town of Orange Park appeals from a circuit court judgment granting appellees' petition for writ of certiorari and ordering the Town to grant a zoning exception in a residential area to permit use of a seven and a half acre tract for a school. The board denied the exception on several stated grounds, among them that the property is too small for a school and that noise, traffic and other characteristics of a school would be inharmonious in the neighborhood. Appellees did not appeal to the Orange Park town council, as was their right under the ordinance code.
There was no showing in the circuit court that an appeal to the town council would have been futile. The council heard a prior appeal with evident consideration and concern. Resort to the circuit court was premature and certiorari should have been denied. See Odham v. Foremost Dairies, Inc., 128 So.2d 586 (Fla.1961); DeCarlo v. Town of West Miami, 49 So.2d 596 (Fla.1950). Nor did the record before the circuit court demonstrate that the board acted arbitrarily. The assigned reasons for denying the exception had a basis in the informal record and were fairly debatable. Rinker Materials Corp. v. Citizens and Property Owners, etc., 313 So.2d 80 (Fla. 4th DCA 1975).
REVERSED.
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State, Dept. of Environmental Regulation v. Falls Chase Special Taxing Dist., SS-439
...Electric Credit Corp. of Georgia v. Metropolitan Dade County, 346 So.2d 1049 (Fla. 3d DCA 1977); Planning and Zoning Board of the Town of Orange Park v. Kager, 351 So.2d 402 (Fla. 1st DCA 1977); Kaufman v. Machiedo, 357 So.2d 739 (Fla. 3d DCA 1978), cert. den., 364 So.2d 888 (Fla.1978); and......
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Halifax Area Council on Alcoholism v. City of Daytona Beach
...the matter because the Planning Board and the City Commission had already ruled adversely to appellant. See also Town of Orange Park v. Kager, 351 So.2d 402 (Fla. 1st DCA 1977). We also note that not only did the ultimate administrative body, the City Commission, rule on the matter without ......