CITY OF LAKE WORTH v. COOK

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Docket Number

No. 93-1962.

Attorney(S)

Alan Fallik and Ettie Feistmann, Lake Worth, for petitioner. Manuel Farach of Brackett, Cook, Sned, Welch, Hewitt, D'Angio Tucker, P.A., West Palm Beach, for respondents.

Judges

Martha C. Warner

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CITY OF LAKE WORTH, FLORIDA, PETITIONER, v. CHRISTOPHER H. COOK, WILLIAM N. HUBBARD, HENRY W. STEVENS, JR., AS PARTNERS IN COOK, HUBBARD STEVENS, A FLORIDA GENERAL PARTNERSHIP, RESPONDENTS.

PER CURIAM.

The petition for writ of certiorari is denied.

DELL, C.J., and HERSEY, J., concur.

WARNER, J., dissenting with opinion.

WARNER, Judge, dissenting with opinion.

The city petitions for certiorari review of the circuit court's decision, in its appellate capacity, quashing a decision of the city's Zoning Board of Appeals which refused respondents' request to continue a nonconforming use on their property. I do not find that the board's interpretation of its own ordinance is clearly erroneous. See Peters v. Thompson, 68 So.2d 581 (Fla. 1953). The cases cited by the circuit court as controlling Florida precedent appear to be distinguishable from the facts of this case.

CITY OF LAKE WORTH, FLORIDA, PETITIONER, v. CHRISTOPHER H. COOK, WILLIAM N. HUBBARD, HENRY W. STEVENS, JR., AS PARTNERS IN COOK, HUBBARD STEVENS, A FLORIDA GENERAL PARTNERSHIP, RESPONDENTS.

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