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JAN 27 1982 <br />BOOK 48 FArE 718 <br />(A.) See Boucher v Novotny, 102 So. 2d 132 (Sup. Ct. 1958) <br />for a basic statement of the standing requirements in <br />Florida, i.e. to be an "aggrieved party" (or a "party with <br />an aggrieved interest") there must be a showing of special <br />damages peculiar to the appellant differing in kind, as <br />distinguished from damages differing in degree, suffered <br />by the community as a whole (a copy of case enclosed). <br />(B.) See Chabeau v Dade Count and Key Biscayne Property <br />Taxpayer's Association 85 So. 2d 129 3DCA, 1980) for the <br />proposition that the standards required under the case law <br />with respect to standing to sue are not relaxed with respect <br />to appea:,ls: to higher administrative agencies. That was <br />a case involving an Appeal from the Zoning Board to the <br />Dade County Commission where the appellant contended even <br />if it were not "aggrieved" sufficiently to have State <br />Court standing it nevertheless is "aggrieved" for purposes <br />of review by the Board of County Commissioners (case <br />enclosed). <br />(C.) See also United States Steel Corporation v Save Sand <br />Key, Inc. 303 So. 26 9. (Sup. Ct. 1974). , <br />(D.) Renard v Dade County 269 So. 2d 832 (Sup. Ct. 1972) <br />for an example of a.case where "standing" was found. In <br />that case the appealing party was an adjoining property <br />owner. (case enclosed) <br />If you read over the cases on standing, you will reach the <br />conclusion that about the only person who has standing to <br />appeal a zoning change or site plan decision is the owner <br />bf the property affected or an adjoining property owner. <br />In the Chabau case, some of the members of the Association <br />did own property adjacent to the property involved but the <br />Court still held that the Association, being the appealing <br />party, did not have standing. <br />I'd appreciate your calling me upon reviewing this letter <br />and the enclosed cases and letting me know what your <br />position will be. I feel that the proper place for this <br />to be raised is at the meeting on January 6th, since, if <br />the appellant has no standing the County Commission should <br />properly refuse to set a public hearing. <br />Kindest regards, <br />JONES, FOSTER & MOSS <br />By _ <br />Steve L. Henderson <br />SLH:pm <br />Enclosures <br />JONES, FOSTER & MOSS <br />44 <br />