MANN v. BOARD OF COUNTY COM'RS

No. 5D01-1741.

830 So.2d 144 (2002)

Betty Jean MANN, Petitioner, v. BOARD OF COUNTY COMMISSIONERS, etc., et al., Respondents.

District Court of Appeal of Florida, Fifth District.

Certify Question Denied November 14, 2002.


Attorney(s) appearing for the Case

Eric B. Marks and Thomas T. Ross and Harry A. Stewart of Akerman, Senterfitt & Eidson, P.A., Orlando, and Michael D. Jones of Leffler & Associates, P.A., Winter Springs, for Petitioner.

Thomas J. Wilkes, County Attorney, and Vivien J. Monaco, Assistant County Attorney, Orange County Attorney's Office, Orlando, for Respondent Orange County.

Carl W. Hartley, Jr., and Richard F. Wall and Todd K. Norman of Hartley, Wall & Norman, Orlando, for Respondent Orange County Public Schools.

Ted R. Brown of Akerman, Senterfitt & Eidson, P.A., Orlando, for Amicus Curiae, Association of Florida Community Developers.

Robert M. Rhodes, Executive Vice President and General Counsel, Jacksonville, and David L. Powell and Dan R. Stengle of Hopping Green & Sams, P.A., Tallahassee, for Amicus Curiae, The St. Joe Company.

Michael L. Rosen of Bricklemyer Smolker & Bolves, P.A., Tallahassee, for Amici Curiae, Florida Home Builders Association, Florida Association of Realtors, and the Florida Chamber.

Cari Roth, General Counsel, and Karen Brodeen, Assistant General Counsel, Tallahassee, Amicus Curiae, for Department of Community Affairs.

Carl J. Zahner, Tallahassee, Amicus Curiae, for the Florida School Boards Association. Scott L. Knox, County Attorney, Viera, Amicus Curiae, for Brevard County, Florida.

Edward A. Dion, County Attorney, and Jose Raul Gonzalez, Assistant County Attorney, Broward County Attorney's Office, Fort Lauderdale, Amici Curiae, for Florida Association of Counties, and Florida Association of County Attorneys.


PER CURIAM.

Petitioner Betty Jean Mann seeks certiorari review of the order from a three-judge panel of the circuit court in its appellate capacity which denied her petition for writ of certiorari. The dispositive issue is whether the circuit court departed from the essential requirements of law in ruling that respondent, Board of County Commissioners of Orange County, was entitled to deny her rezoning request on the basis that the rezoning would be inconsistent with...

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