CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 1655252, 2017 Fla. App. LEXIS 6121
...9
by common law or statutory dedication.”) (emphasis added). To the extent the
County is concerned with inadvertently assuming heavy financial burdens, it should
bear in mind that roads may be abandoned pursuant to section
336.10, Florida
Statutes.
In concluding that Kristin Lane was not publicly owned under section
95.361(2) because the County had not accepted ownership, the trial court either
inadvertently conflated the concepts of common-law dedica...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1744, 1990 WL 28172
...We have not found, within any statutory or case law cited by appellee, any authority for a county, after acceptance of a dedication of a road for public use, to disclaim any responsibility for maintenance of that road, except by the abandonment procedure set forth in section 336.10,' Florida *1071 Statutes (1979)....
...Neither do we find the authority claimed by appellee within section
125.01(l)(m), which, among other things, grants to the governing body of a county the power to “[pjrovide and regulate” roads. As noted above, section 336.-09 provides authority for the abandonment of roads. Section
336.10 provides the procedure to be followed by the county in effecting such abandonment....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 473, 1996 WL 27691
...After the time had run to file for certiorari review of this ruling, the Franklins filed an action for declaratory relief in the circuit court to determine the validity of the Commission’s action rescinding the previous resolution. The Franklins urged that since section 336.10, Florida Statutes (1993), requires only that notice relating to the closing of roads need be published, the County lacked the authority to add to the jurisdictional conditions set by the legislature....
...nally viewed as policy application, rather than policy setting, are in the nature of ... quasi-judicial action. On the merits of the case, we find that the County has the authority to require additional public safeguards before closing public roads. Section 336.10 sets minimum, not exclusive, requirements....
CopyPublished | District Court of Appeal of Florida
...or unauthorized. For example, no facts or rules of law are pleaded or cited indicating that the alleged agreement amounted to an acceptance by the county of the bridge as a part of the county road system or that the notice and hearing provisions of § 336.10, Fla.Stats., F.S.A., are applicable to the action of county commissioners in executing agreements of the kind alleged here....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3852, 1991 WL 65354
...The amended complaint alleged, among other things, that: appellants owned properties or businesses adjoining the portion of Old U.S. 98 referred to in Resolution 89-101; in enacting Resolution 89-101, the commission failed to follow the procedural requirements of sections
336.08,
336.09, and
336.10, Florida Statutes (1989); the commission abused its discretion by vacating, abandoning, discontinuing, and closing the disputed portion of Old U.S....
...Third, the allegations of the amended complaint are facially sufficient to state a cause of action for declaratory and in-junctive relief based on allegations that the notices of the public hearing failed to comply with the statutory requirements of sections
336.09 and
336.10, Florida Statutes (1989)....
...[[Image here]] (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section. Section 336.10 provides: Before any such road shall be closed and vacated, or before any right or interest of the county or the public in any land delineated on any recorded map or plat as a road shall be renounced or disclaimed, the commissioners sh...
...hird notice. Accepting the allegations of the amended complaint as true, which we must in testing its legal sufficiency on a motion to dismiss, they are sufficient to allege a cause of action for violations of the requirements of sections
336.09 and
336.10....
...usly passed motion urging the Department, the Governor, and the Cabinet to keep the “transferred” portion of Old U.S. 98 open. These alleged deficiencies are sufficient to require the court to take evidence on compliance with sections
336.09 and
336.10 regarding the notices of the public hearing at which the motion authorizing Resolution 89-101 was adopted....
...fficient to state a cause of action for declaratory and injunctive relief based on the failure of the public hearing, as conducted by the county commissioners, to afford procedural due process, in violation of the requirements of sections
336.09 and
336.10....
...Within those limitations, however, participants must be afforded fair opportunity “to present evidence and argument ... appropriate to inform it of their contentions. ” (Emphasis added). These same considerations are pertinent and applicable to public hearings under sections
336.09 and
336.10....
...enefit from vacation, it should not be accomplished, and in any event, the roads or streets can be vacated only in accordance with the statute [section
336.09]_ 1978 Op.Att’y Gen.Fla. 078-119 (September 27, 1978). We agree that sections
336.09 and
336.10 contemplate a finding by the commission that the closing is in the best interest of the public and that this finding should be set forth in the commission’s resolution or order....
