114 So. 2d 372 | Fla. Dist. Ct. App. | 1959
This appeal is from an order dismissing an action for injunction brought against named individuals as County Commissioners of Dade County. The complaint alleged that the plaintiff, appellant herein, was .aggrieved by the passage of a certain
The appellant admits that county commissioners are required to he sued in the name of the county,
The actions of administrative hoards are reviewed ordinarily by certio-rari. Rule 4.1, Florida Appellate Rules, 31 F.S.A.; Codomo v. Shaw, Fla.1958, 99 So.2d 849. Section 176.16, Fla.Stat., F.S.A., provides a method of appeal de novo from the decision of a zoning board of adjustment within 30 days after the filing of the decision in the office of the hoard. Josephson v. Autrey, Fla.1957, 96 So.2d 784. Zoning is a legislative function, and the courts will interfere only when zoning ordinances conflict with constitutional safeguards or if in their application in individual cases they are unreasonable or arbitrary. Town of Surfside v. Abelson, Fla.App.1958, 106 So.2d 108.
The action was not in appropriate form and the individuals making up the county commission were not proper defendants.
Affirmed in part and reversed in part and remanded.
. Section 125.15, Fla.Stat., F.S.A.
. See Note [1], supra.