PARESKY v. MIAMI-DADE COUNTY BOARD

No. 3D04-1479.

893 So.2d 664 (2005)

David PARESKY, Appellant, v. MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, et al., Appellees.

District Court of Appeal of Florida, Third District.

February 16, 2005.


Attorney(s) appearing for the Case

Burlington, Weil, Schweip, Kaplan Blonsky, Robert K. Burlington and Susan E. Mortensen, Miami, for appellant.

Robert A. Ginsburg, County Attorney, and Dennis A. Kerbel, Assistant County Attorney, for appellee Miami-Dade County.

Greenberg Traurig, Boca Raton, Alan T. Dimond, Elliot H. Scherker, Miami, and Daniel M. Samson, for appellee Fisher Island Holdings LLC.

Before COPE, CORTINAS, and ROTHENBERG, JJ.


PER CURIAM.

The plaintiff below, David S. Paresky, appeals from the trial court's order granting the defendants' motion to dismiss and motion for partial summary judgment. We affirm.

In the underlying action, Paresky filed a two-count complaint seeking declaratory relief. In Count 1, Paresky sought a declaration that Section 33-311(A)(4)(b) of the Code of Miami-Dade County was unconstitutional and that the parking non-use variances approved pursuant to the...

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