DADE COUNTY v. FLA. MIN. & MAT. CORP.

No. 77-1223.

364 So.2d 31 (1978)

DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. FLORIDA MINING AND MATERIALS CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1978.


Attorney(s) appearing for the Case

Stuart L. Simon, County Atty., and Stanley B. Price, Asst. County Atty., for appellant.

Frates, Floyd, Pearson, Stewart, Richman & Greer and Ray H. Pearson, Miami, for appellee.

Before HENDRY and BARKDULL, JJ., and PARKER, J. GWYNN (Ret.), Associate Judge.


PER CURIAM.

Dade County, respondent in the trial court, appeals an order granting the appellee's petition for writ of certiorari and directing the County to grant an unusual use and variance allowing the appellee to commence proposed mining activities.

The order recites the facts out of which the litigation arose, and reads as follows:

* * * * * * "THIS CAUSE came on to be heard before this Court on April 22, 1977, upon Petition for Writ...

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