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Town of Palm Beach v. Regco Dev., Inc.

District Court of Appeal of Florida, Fourth District
Nov 9, 1983
440 So. 2d 54 (Fla. Dist. Ct. App. 1983)

Opinion

Nos. 82-242, 82-1113.

November 9, 1983.

Consolidated appeals from Circuit Court, Palm Beach County; John D. Wessel, Judge.

Maureen A. Hackett and John C. Randolph of Johnston, Sasser, Randolph Weaver, West Palm Beach, for appellant.

Dennis J. Powers of Gunster, Yoakley, Criser Stewart, P.A., Palm Beach, for appellees.


We find no error in the trial court judgment which critically found that the property in question was "grandfathered" in as an existing non-conforming use as concerns the Town's new zoning ordinance. Fortunato v. City of Coral Gables, 47 So.2d 321 (Fla. 1950); Town of Palm Beach Zoning Code § 8.10 (1981); 101A C.J.S., Zoning and Land Planning § 154; 73 Am.Jur.2d, Statutes, § 313. Moreover, we find that the use under the former ordinance was proper under the authority of Ocean's Edge Development Corp. v. Town of Juno Beach, 430 So.2d 472 (Fla. 4th DCA 1983).

AFFIRMED.

GLICKSTEIN, HURLEY and WALDEN, JJ., concur.


Summaries of

Town of Palm Beach v. Regco Dev., Inc.

District Court of Appeal of Florida, Fourth District
Nov 9, 1983
440 So. 2d 54 (Fla. Dist. Ct. App. 1983)
Case details for

Town of Palm Beach v. Regco Dev., Inc.

Case Details

Full title:TOWN OF PALM BEACH, APPELLANT, v. REGCO DEVELOPMENTS, INC., A FLORIDA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 9, 1983

Citations

440 So. 2d 54 (Fla. Dist. Ct. App. 1983)