1/6/1982 - Laserfiche WebLink

Home Browse Search

-I JAN 61982 9000 48 pvir,497 Gary Brandenburg, Esquire January 4, 1982 PAGE TWO to appeals: to higher administrative agencies. That was a case involving an Appeal from the Zoning Board to the Dade County Commission where the appellant contended even if it were not "aggrieved" sufficiently to have State Court standing it nevertheless is "aggrieved" for purposes of review by the Board of County Commissioners (case enclosed). (C.) See also United States Steel Corporation v Save Sand Key, Inc. 303 So. 2d 9 (Sup. Ct. 1974). (D.) Renard v Dade County 269 So. 2d 832 (Sup. Ct. 1972) for an example of a case where "standing" was found. In that case the appealing party was an adjoining property owner. (case enclosed) If you read over the cases on standing, you will reach the conclusion that about the only person who has standing to appeal a zoning change or site plan decision is the owner of the property affected or. an adjoining property owner. " In the Chabau case, some of the members of the Association did own property adjacent to the property involved but the Court still held that the Association, being the appealing party, did not have standing. I'd appreciate your calling me upon reviewing this letter and the enclosed cases and letting me know what your position will be. I feel that the proper place for this to be raised is at the meeting on January 6th, since, if the appellant has no standing the County Commission should properly refuse to set a public hearing. Kindest regards, JONES, FOSTER & 1'-1OSS cc:Neil Nelson James Clark By Andy Pugh Steve L. Henderson SLH:pm Enclosures JONES, FOSTER & MOSS PUBLIC HEARING - CO14PREHENSIVE PLAN - LAND USE ELEMENT - ORDINANCE 82-1 The hour of 3:00 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: _ 70