ZALARICK v. MONROE COUNTY

No. 84-1505.

467 So.2d 1088 (1985)

Virginia B. ZALARICK, d/b/a Return to Eden Gardens and Keys Swimming Pools, Appellant, v. MONROE COUNTY, Florida, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 30, 1985.


Attorney(s) appearing for the Case

Frigola, DeVane & Wright and Alfred K. Frigola, Marathon, for appellant.

Lucien C. Proby, Jr., County Atty. and Susan Vernon, Asst. County Atty., for appellee.

Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

Prior to 1974, when the area was zoned RU-1 (single family residential) by Monroe County's first zoning ordinance, the appellant maintained her home and a retail nursery business, which was "grandfathered" as a non-conforming use, on a lot on 74th Street in Marathon. In 1977, she applied for and was granted a building permit from the county to erect two greenhouses and a cyclone fence on an adjacent lot which fronted on 75th Street. After a...

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