DESISTO COLLEGE, INC. AND LOREN E. HORNER, PLAINTIFFS-APPELLANTS
v.
THOMAS P. LINE, ET AL., DEFENDANTS-APPELLEES

11th Cir. | 1989-11-15
No. 89-3133
Before FAY and HATCHETT, Circuit Judges, and ALLGOOD , Senior District Judge.
888 F.2d 766 Court of Appeals for the Eleventh Circuit (1989) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

The judgment of the district court is AFFIRMED based upon and for the reasons set forth in the exhaustive and scholarly Opinion and Order found at 706 F.Supp. 1479 (M.D.Fla.1989).

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  • Zopf v. Singletary, 686 So. 2d 680 (Fla. 1st DCA 1996)
    …ersons to be covered, ordinarily the statute will be construed as excluding from [*682] its operation all those other persons not expressly mentioned. See DeSisto College, Inc. v. Town of Howey-in-the-Hills, 706 F.Supp. 1479, 1495 (M.D.Fla.), aff'd, 888 F. 2d 766 (11th Cir.1989); Ideal Farms Drainage Dist. v. Certain Lands, 154 Fla. 554, 19 So. 2d 234, 239 (1944). Nothing in the wording of subsection (7) requires any particular expertise for purposes of interpretation. We need simply apply the fundamental…
  • Life Concepts, Inc. v. Harden, 562 So. 2d 726 (Fla. 5th DCA 1990)
    …. Scullock v. State, 377 So. 2d 682, 683 (Fla.1979). Rules of construction require that the ordinance be interpreted, if possible, as constitutional. DeSisto Col [*728] lege, Inc. v. Town of Howey-In-The-Hills, 706 F.Supp. 1479 (M.D.Fla.), affirmed, 888 F. 2d 766 (11th Cir.1989). Appellees focus on the use of the word “compatible” in section 7.3(9)(c)(l) of the Zoning Code of the City of Apopka which required Life Concepts to demonstrate that the maximum number of occupants of the proposed group home facilit…
  • Norbert C. Pearson v. City OF Grand Blanc, 961 F.2d 1211 (6th Cir. 1992)
    …Tort: Theory, Proof, and Damages, 24 New Eng. L.Rev. 1129 (1990). A good summary of the various kinds of substantive due process claims . may be found in DeSisto College, Inc. v. Town of Howey-in-the-Hills, 706 F.Supp. 1479, 1506 (M.D.Fla.), aff’d, 888 F. 2d 766 (11th Cir.1989). . Moore v. City of East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977). At one time substantive due process was widely employed to invalidate state economic regulations. In the New Deal era, the doctrine fell into di…

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