District Court of Appeal of Florida

A motion for rehearing is granted and, although a previous opinion in the matter misapprehended a "supermajority" voting requirement to overturn a decision relating to a proposed development, the original decision to quash the orders under review is confirmed on the basis that a city commission's review of the decision of the Board of Adjustment was not authorized by the city's own laws and was itself a departure from the essential requirements of law.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Nancy W. Gregoire of Bunnell Woulfe Kirschbaum Keller McIntyre & Gregoire, Fort Lauderdale, and Maurice M. Garcia of Abrams Anton, P.A., Hollywood, for petitioners., Clark J. Cochran, Jr. and Hal B. Anderson of Billing Cochran Heath Lyles Mauro & Anderson, P.A., Fort Lauderdale, for City of Fort Lauderdale., John P. “Jack” Seiler and Richard J. Zaden of Seiler Sautter Zaden & Rimes, Wilton Manors, for D. Douglas McCraw and Flagler 303 LLC.