CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30783
...of the Subdivision Regulations in effect at the time of the initial consideration of the application on May 1, 1980, or the requirements of the Development Code. 4 The Commissioners further determined that the proposed plat would be in violation of Section 336.05(2) of the Florida Statutes which, they argue, authorizes a county commission to reject a plat if road access is not adequate or safe, and in violation of Section 235.193, Florida Statutes, which, they argue, authorizes denial of a subd...
...ication was filed; was justified under the provisions of the Development Code, enacted after the plaintiffs’ plat application had been filed and after this litigation had been instituted; and was justified under the provisions of Florida Statutes, Section 336.05(2) 5 , relating to the inadequacy of road access, and Section 235.-193 6 , relating to inadequacy of schools....
...tatutory provisions authorized them to reject plaintiffs’ plat application because of inadequate road access to the proposed subdivision, and because adequate school facilities were not available or planned to be constructed. Defendants argue that Section 336.05(2) Florida Statutes 10 gave them discretion, independently of the Subdivision Regulations, to deny the plat application because of the inferior condition of the Myakka-Wauchula County Road, the only access to the subdivision site....
...We are not unaware of the defendants’ reliance on Chase Manhattan Mortgage & Realty Trust v. Wacha,
402 So.2d 61 (Fla. App.1981), in which, without discussion, in an alternative holding, the court affirmed the denial of a site plan, without prejudice, “on the basis of inadequate access” under Section
336.05(2) Florida Statutes....
...pt a comprehensive plan prior to July 1, 1979. All regulations thereafter are required to be consistent with the comprehensive plan. The Florida Local Government Comprehensive Planning Act of 1975, §§
163.3161 et seq., Florida Statutes (1981). 5 . Section
336.05(2), Florida Statutes, provides that: “The Commissioners are authorized to refuse to approve for recording any map or plat of a subdivision when recording of such plat would result in duplication of names and streets or roads or when...
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...he area sought to be platted and that wastewater treatment and disposal service will not be available to meet the needs of the development proposed for the area sought to be platted until late 1984." Lack of access is indicated to be in violation of Section 336.05(2), Florida Statutes (1979)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...The county engineer wrote in a report prepared for appellees that the existence of a viable source of water had not been established. In view of that report appellees had no choice but to deny appellant's application. We also affirm on the basis of inadequate access. Section 336.05(2), Florida Statutes (1979) provides: The commissioners are authorized to refuse to approve for recording any map or plat of a subdivision when recording of such plat would result in duplication of names of streets or roads or when sai...
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20739
...The county engineer wrote in a report prepared for appellees that the existence of a viable source of water had not been established. In view of that report appellees had no choice but to deny appellant’s application. We also affirm on the basis of inadequate access. Section 336.05(2), Florida Statutes (1979) provides: The commissioners are authorized to refuse to approve for recording any map or plat of a subdivision when recording of such plat would result in duplication of names of streets or roads or when sai...
