Gilmore v. Hernando County

1 Citing case

  1. Snyder v. Board of County Com'rs

    595 So. 2d 65 (Fla. Dist. Ct. App. 1992)   Cited 23 times
    In Snyder v. Board of County Commissioners, 595 So.2d 65 (Fla. 5th DCA 1991), jur. accepted, 605 So.2d 1262 (Fla. 1992), this court recognized that the most valuable aspect of the ownership of property is the right to use it and that any infringement on the owner's full and free use of his property, whether the result of physical limitations or government restrictions, is a limitation on and a diminution of the value of the property and accordingly triggers constitutional protections.

    See, e.g., Southwest Ranches Homeowners Association v. County of Broward, 502 So.2d 931 (Fla. 4th DCA), review denied, 511 So.2d 999 (Fla. 1987), disagreed with by Machado v. Musgrove, 519 So.2d 629 (Fla. 3d DCA 1987), review denied, 529 So.2d 693 (Fla. 1988). See also Gilmore v. Hernando County, 584 So.2d 27 (Fla. 5th DCA 1991) (Sharp dissenting). Moreover, Florida courts, in order to curb the favoritism, abuses and inconsistencies resulting from piecemeal rezoning decisions being treated as legislative in character, have developed a number of judicial doctrines not normally applied to legislative decisions.