Taub v. Metropolitan Dade County, 73--1216
| Decision Date | 18 June 1974 |
| Docket Number | No. 73--1216,73--1216 |
| Citation | 296 So.2d 566 |
| Parties | Jack TAUB, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Shevin, Shapo & Shevin, Miami, for appellant.
Stuart L. Simon, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for appellee.
Before PEARSON, CARROLL and HENDRY, JJ.
Appellant seeks reversal of a judgment of the circuit court denying his petition for certiorari filed therein to review a decision of the County Commission of Dade County denying his application for liberalization of the zoning on a parcel of land acquired by appellant under the present zoning thereof. We hold no reversible error has been shown. The matter thus ruled upon by the County Commission, as a legislative body, was a fairly debatable one. The record does not support the appellant's contention that the county was estopped to deny his application. In absence of showing of material change in circumstances, administrative res judicata of the question resulted from the prior denial by the County Commission of a substantially similar application made by appellant's predecessor in title.
The judgment is affirmed.
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