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173 So. 2d 175

Servatt v. Dade County

District Court of Appeal of Florida · decided 1965-03-23

Relies on 139 So. 2d 448 - Board of Adjustment v. Kremer · 158 So. 2d 583 - City of Miami v. Stegemann

Good law ✅— No negative treatment on recordhow we know

Decided 1965-03-23

How this case has been cited

Cited by 3 later decisions — most recently November 2001

3 state decisions

1019651970198019902000decided

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PER CURIAM.

¶1Warren Servatt is the owner of real property in Dade County. He made application for a zoning variance which was denied by the Zoning Appeals Board. The County Commission sustained the denial. Thereupon Servatt filed his petition for certiorari in the circuit court. When his petition was denied he brought this appeal.

¶2The points presented by the appellant each urge that it was unreasonable to deny him the variance he sought because of the character of the development surrounding his land. He argues that the site is admirably suited for a filling station and no one except the county objects. These arguments do not authorize this Court to reverse the denial of certiorari in the circuit court.

¶3The appellant has not sought a change of zoning classification, nor has he attacked the constitutionality of the zoning as applied to his property. He has in effect admitted the validity of the zoning by applying for a variance. City of Miami v. Stegemann, Fla.App.1964, 158 So.2d 583.

¶4The appellant as petitioner for cer-tiorari in the circuit court failed to show an unnecessary hardship. The circuit court correctly denied the petition. Board of Adjustment of City of Ft. Lauderdale v. Kremer, Fla.App.1962, 139 So.2d 448.

¶5Affirmed.

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