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Maqueira v. Montessori Children's SCH

District Court of Appeal of Florida, Third District
Sep 14, 1993
622 So. 2d 597 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1071.

August 10, 1993. Rehearing Denied September 14, 1993.

On Petition for Writ of Certiorari to the Circuit Court of Monroe County; Wayne M. Miller, Acting Judge.

Buchbinder Elegant, Ira M. Elegant, Carolina A. Echarte, Roberta S. Fine, Key West, for petitioner.

Morgan Hendrick and James T. Hendrick, Key West, for respondents.

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


Petitioner seeks a Writ of Certiorari to quash an order of the Circuit Court which, in turn, quashed a variance granted by the Key West Board of Adjustment.

Clearly, the record in this case is devoid of any evidence that would justify any finding that a "hardship" existed with regard to the use of the property by the petitioner. See City of Coral Gables v. Geary, 383 So.2d 1127 (Fla. 3d DCA 1980).

Accordingly, the Circuit Court was eminently correct in quashing the variance that had erroneously been granted to the petitioner. See Maturo v. City of Coral Gables, 619 So.2d 455 (Fla. 3d DCA 1993).

Certiorari denied.


Summaries of

Maqueira v. Montessori Children's SCH

District Court of Appeal of Florida, Third District
Sep 14, 1993
622 So. 2d 597 (Fla. Dist. Ct. App. 1993)
Case details for

Maqueira v. Montessori Children's SCH

Case Details

Full title:JUSTO MAQUEIRA, PETITIONER, v. THE MONTESSORI CHILDREN'S SCHOOL OF KEY…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 14, 1993

Citations

622 So. 2d 597 (Fla. Dist. Ct. App. 1993)

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