BIRD-KENDALL v. DADE COUNTY COM'RS

No. 97-321.

695 So.2d 908 (1997)

BIRD-KENDALL HOMEOWNERS ASSOCIATION and Richard Still, Petitioners, v. METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent.

District Court of Appeal of Florida, Third District.

June 25, 1997.


Attorney(s) appearing for the Case

Shubin & Bass and Jeffrey S. Bass, Miami, for petitioners.

Robert A. Ginsburg, County Attorney and John McInnis, Assistant County Attorney, for respondent.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.


SCHWARTZ, Chief Judge.

The Dade County Commission rezoned a tiny, 0.23 acre tract in the middle of a West Dade area known as "Horse Country" from AU (Agricultural Use) to BU-3 (Business Use-3) solely and admittedly so the owner could operate a feed store—which is forbidden in an AU zone, but permitted (along with many other uses) in BU-3. No other BU zoning is anywhere close. On the face of it, the rezoning resolution embodies, to the nth degree, all the evils...

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