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CITY OF DANIA v. FLORIDA POWER & LIGHT

No. 97-1657.

718 So.2d 813 (1998)

CITY OF DANIA, Petitioner, v. FLORIDA POWER & LIGHT, a Florida corporation, Respondent.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing August 12, 1998.

Attorney(s) appearing for the Case

E. Bruce Johnson, Michael T. Burke, and Christine M. Duignan of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for petitioner.

Jean G. Howard, Miami, for respondent.

PARIENTE, BARBARA J., Associate Judge.

Petitioner, City of Dania (City), timely seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, which quashed the City's decision to deny Florida Power & Light's (F P & L) petition for a special zoning exception. We grant certiorari because we conclude that the circuit court substituted its evaluation of the evidence for that of the City and further imposed an improper legal burden...

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