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METROPOLITAN DADE COUNTY v. SCHULTHEIS

No. 75-556.

329 So.2d 403 (1976)

METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Theodore R. SCHULTHEIS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 1976.

Attorney(s) appearing for the Case

Stuart Simon, County Atty., and Stephen P. Lee, Asst. County Atty., for appellant.

Taylor, Brion, Buker, Hames & Greene, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PEARSON, Judge.

Dade County appeals from a final judgment on a petition for writ of certiorari brought in the circuit court by Theodore R. Schultheis seeking review of a resolution of the Board of Commissioners of Dade County refusing to rezone property owned by Schultheis. The circuit court found that the County Commission departed from the essential requirements of law and ordered as follows:

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