Floyd & Alice Melton v Monroe County, et al. (Fla 3d DCA 1993)
Jun 15, 1993OUTCOME: Landowner Lost
Appellants applied for an after-the-fact permit to construct a pier, as an addition to an existing dock, on the shoreline of their lot. A permit was issued, but a neighbor filed an administrative appea ... l challenging the permit. The permit was revoked and appellants brought an action seeking to set aside the resolution. The trial court abated the action pending disposition of an administrative appeal, denied a writ of certiorari, and entered a final judgment denying appellants' request for declaratory and injunctive relief. The trial court granted appellees' counterclaim for a mandatory injunction ordering them to remove the dock. Appellants alleged that their dock was an accessory use which should be permitted as of right. The court disagreed and affirmed the judgment. The court reasoned that the trial court properly found that the dock was not consistent with the goals, objectives and standards of the county's comprehensive plan, was inconsistent with the community character, and adversely affected public access to the waters immediately adjacent to the property.
