Mortellaro v. Fellner

Full title: VINCENT J. MORTELLARO, APPELLANT, v. AL E. FELLNER, ETC., ET AL., APPELLEES

Court: District Court of Appeal of Florida, Second District

Date published: Apr 13, 1973

276 So. 2d 74 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-626.

April 13, 1973.

Appeal from the Circuit Court, Pinellas County, Ben Overton, J.

Hammond Holman, Pinellas Park, for appellant.

Harold Soehl, St. Petersburg, and Laurence I. Goodrich, Tampa, for appellees.

PER CURIAM.

Appellant appeals an order of the circuit court sustaining the grant of a height restriction variance by the Board of Adjustment of the Town of North Redington Beach, Florida.

The board's determination comes to the courts with a presumption of correctness and the courts will not substitute its judgment for that of the board. Troup v. Bird, Fla. 1951, 53 So.2d 717.

We have carefully examined the record on appeal and conclude that the appellant has not overcome this presumption and the court will not substitute its judgment for that of the board. Accordingly, the order appealed is affirmed.

Affirmed.

HOBSON, Acting C.J., and McNULTY, J., and PIERCE, J., (Ret.), concur.