(Download) "De Carlo v. Town West Miami" by En Banc. Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: De Carlo v. Town West Miami
- Author : En Banc. Supreme Court of Florida
- Release Date : January 12, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The plaintiff, appellant here, applied for a building permit to construct an apartment-storage building on her property, located in the Town of West Miami, appellee here, which was refused by the Town Clerk for the reason that the plaintiffs property was located in a portion of the town classified as residential under the towns zoning ordinance. By the terms of this ordinance, "any person aggrieved or affected by any decision of an administrative officer given under the provisions of this ordinance" could appeal to the Town Council. The plaintiff could also, under the provisions of the ordinance, have applied to the Town Council for a variation or exception to the zoning restrictions. The ordinance provided for an appeal to the courts of any decision of the Town Council. The record does not show that the Town Council was given an opportunity to pass on the merits of plaintiffs claim, nor did plaintiff allege in her bill any reason for her failure to seek relief from the Town Council. The plaintiffs bill to enjoin the Town of West Miami from enforcing the zoning ordinance as to her particular property was dismissed by the lower court, and plaintiff appeals.