05-0627 MIAMI-DADE V. REDLAND

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-0627

Case Date: 12/20/2006

Plaintiff: 05-0627 MIAMI-DADE

Defendant: REDLAND

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

MIAMI-DADE COUNTY, DARCY VELASQUEZ, MICHAEL ISMAEL, and THE REDLAND CITIZENS ASSOCIATION, INC. Petitioners,

** ** ** ** CASE NO. 3D05-627

vs. ** REDLAND ESTATES, INC., and FRANCIS DIRICO, Respondents. Opinion filed December 13, 2006. On Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Appellate Division, Paul Siegel, Michael B. Chavies, and Jeri Beth Cohen, Judges. Murray A. Greenberg, Miami-Dade County Attorney, and Jay W. Williams, Assistant County Attorney; Shubin & Bass and Jeffrey S. Bass, for petitioners. Carlos, Williard & Flanagan and Jeffrey M. Flanagan; Weiss Serota Helfman Pastoriza Cole & Boniske and Joseph H. Serota and Stephen J. Helfman, for respondents. Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ. SUAREZ, J. ** LOWER TRIBUNAL NOS. 03-597 03-615

Miami-Dade County, Darcy Velasquez, Michael Ismael, and the Redland Citizens Association, Inc., petition this court for a writ of certiorari court to review in its an order entered capacity below by the the The

circuit

acting

appellate

quashing

decision of the Miami-Dade County Board of Commissioners. decision of the Miami-Dade County Board of

Commissioners

overturned a May 8, 2003 decision by the Director of the MiamiDade County Department of Planning and Zoning allowing

rebuilding of the mobile home park in question located in the Redlands. We deny the petition for writ of certiorari.

In 1969, Miami-Dade County's Zoning Appeals Board conducted a public hearing and approved an unusual use application for development of a mobile home park on the property in question in an area zoned for agricultural use ("AU") in the Redlands.

Other public hearings took place thereafter, in 1970, 1971, and 1974, to allow for expansion of the mobile home park. mobile home park consisted of 349 mobile homes The from

approximately 1970, until Hurricane Andrew it in 1992.

completely destroyed

After Hurricane Andrew, in order to help facilitate the rebuilding of Dade County, Miami-Dade County established an

Amnesty Ordinance 1 which allowed for the rebuilding of all non

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