BD. OF MONROE CO. COM'RS v. KEY LARGO ASSOCS., LTD.

Nos. 90-580, 90-168.

569 So.2d 517 (1990)

BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. KEY LARGO ASSOCIATES, LTD., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

October 30, 1990.


Attorney(s) appearing for the Case

Randy Ludacer, Monroe County Atty., Key West, Suzanne A. Hutton and Mark Graham Hanson, Asst. County Attys., for appellant.

Johnson, Blakely, Pope, Bokor, Ruppel & Burns, Clearwater, and Steven M. Seibert, Clearwater, for appellee.

Michael F. Chenoweth, Key Largo, for Stillright Point and Paradise Point Cove Homeowners Associations, as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


SCHWARTZ, Chief Judge.

Monroe County seeks review of a judgment of the Circuit Court, sitting in its appellate capacity, which, expressly applying the principles in Irvine v. Duval Planning Comm'n, 495 So.2d 167 (Fla. 1986), reversed the denial of a conditional use proposed by Key Largo Associates, Ltd. The lower court specifically found that the county had failed to demonstrate by "competent substantial evidence that the...

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