Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Alpha R. Dowd v. Monroe Cnty.
  557 So. 2d 63· Fla. 3d DCA· 1990-01-02
  A Florida appellate court reversed a trial court's decision upholding a building permit for motel expansion, holding that a pre-existing nonconforming use cannot be enlarged under zoning law, even if a county ordinance purports to reclassify it as a conforming use in a different
• Alachua Cnty. v. Lewis OIL Co., Inc.
  554 So. 2d 1210· Fla. 1st DCA· 1989-12-29
  Alachua County appealed a permanent injunction prohibiting enforcement of a moratorium on underground petroleum storage tank construction. The court affirmed, holding that the moratorium constituted an unauthorized regulation of a field preempted by state law, as it indirectly im
• Mathis v. Pac. GAS & Elec. Co.
  891 F.2d 1429· 9th Cir.· 1989-12-20
  The court held that a plaintiff's claim of governmental action based on an agency's proposed rule and encouragement is not frivolous if the agency's policy dictates a standard of decision, but not if the decision relies on independent professional judgment. The court also held th
• Benjamin Winter, M.D. v. Cal. Med. Review, Inc.
  900 F.2d 1322· 9th Cir.· 1989-12-18
  The court held that the appellant failed to exhaust administrative remedies and the case was not ripe for judicial review.
• Am. Dog Owners Ass'n v. Dade Cnty.
  728 F. Supp. 1533· S.D. Fla.· 1989-11-30
  The court held that the Dade County ordinance regulating pit bull dogs was not impermissibly vague and therefore did not violate due process. The ordinance provided sufficient notice to dog owners of ordinary intelligence and established adequate standards for enforcement.
• United States v. Articles OF Drug Consisting OF Undetermined Quantities OF Drugs Containing Caffeine
  890 F.2d 1004· 8th Cir.· 1989-11-27
  The court held that the revised injunction was not overly broad because it was carefully tailored to prohibit Midwest from engaging in illegal transactions and profiting from past violations, while still permitting legitimate distribution.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 625· 3d Cir.· 1989-11-22
  The court held that a plaintiff whose jury verdict was reversed on appeal may still be considered a prevailing party if a post-trial settlement achieved a significant benefit causally linked to the litigation.
• Lovell v. Heng
  890 F.2d 63· 8th Cir.· 1989-11-17
  The court held that claims for damages and injunctive relief by military personnel against superior officers are nonjusticiable, consistent with Supreme Court precedent.
• Md. Cas. Co. v. W.R. Grace & Co. & Cont'l Cas. Co.
  889 F.2d 1231· 2d Cir.· 1989-10-27
  The court affirmed the magistrate's denial of an injunction, finding no clear error or abuse of discretion.
• Chase Med. Grp. v. Palmetto Clinic Ctr.
  549 So. 2d 1111· Fla. 3d DCA· 1989-10-03
  Chase Medical Group (Palmetto Medical Center) appealed the denial of a temporary injunction against Palmetto Clinic Center for using a confusingly similar name. The court reversed, holding that the prior user of a registered service mark is entitled to injunctive relief when a co
• City OF Tallahassee v. Talquin Elec. Coop., Inc.
  549 So. 2d 725· Fla. 1st DCA· 1989-09-26
  The Florida District Court of Appeal affirmed the trial court's grant of a temporary mutual injunction requiring the City of Tallahassee and Talquin Electric Cooperative to comply with a 1973 court-approved agreement and seek amicable resolution, holding that the circuit court ha
• Horizons N. Condo. NO. 1 Ass'n, Inc. v. Norbro I
  551 So. 2d 526· Fla. 3d DCA· 1989-09-12
  A condominium association sued a successor developer who acquired the original developer's remaining unsold apartment inventory, seeking a working capital contribution required of "purchasers" under the condominium documents. The court held that the successor developer, which acq
• Adams v. Dugger
  547 So. 2d 344· Fla. 1st DCA· 1989-08-15
  Two inmates challenged their disciplinary confinement and forfeiture of gain time imposed by the Florida Department of Corrections, arguing the disciplinary rule was unconstitutional, the finding lacked evidentiary support, the hearing procedure was deficient, and a team member w
• Lofton v. U.S. Dist. Court FOR the E. Dist. OF Ark.
  882 F.2d 300· 8th Cir.· 1989-08-02
  The court held that a writ of prohibition is not warranted because the district court acted within its authority by joining a state judge for injunctive relief to effectuate its judgment.
• Jennings Water, Inc. v. City OF N. Vernon
  895 F.2d 310· 7th Cir.· 1989-07-28
  The court held that 7 U.S.C. § 1926(b) prohibits a municipality from curtailing service provided by a rural water association indebted to the FmHA, and this protection cannot be waived by equitable estoppel.
• Postscript Enters., Inc. v. Hon. George Peach
  878 F.2d 1114· 8th Cir.· 1989-07-13
  The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
• City OF Margate v. Amoco OIL Co.
  546 So. 2d 1091· Fla. 4th DCA· 1989-06-21
  Amoco Oil Company applied for a permit to build a gasoline service station in Margate, Florida, which was denied. The City subsequently enacted new ordinances making such use prohibited. The trial court found the City acted arbitrarily and capriciously in denying the permit, crea
• Brinkman v. Rahm
  878 F.2d 263· 9th Cir.· 1989-06-19
  The Social Security Act's non-assignment provision preempts state procedures for seizing Social Security benefits to reimburse the state for patient care costs.
• Allen v. Consol. City of Jacksonville
  719 F. Supp. 1532· M.D. Fla.· 1989-06-02
  The court held that the plaintiff lacked standing to challenge the resolution, and alternatively, that the resolution did not violate the Establishment Clause and thus a preliminary injunction was not warranted.
• Forte v. Coler
  725 F. Supp. 488· M.D. Fla.· 1989-05-22
  A state statute exempting child care facilities integral to church or parochial schools from general licensing requirements does not violate the First Amendment's Establishment Clause or the Fourteenth Amendment's Equal Protection Clause.
• N. Alaska Env't Ctr. v. Lujan
  872 F.2d 901· 9th Cir.· 1989-04-14
  The court held that the Secretary of the Interior is not required by ANILCA or the Mining in the Parks Act to conduct an on-site field inspection and mineral examination to determine the validity of an unpatented mining claim before approving a plan of operations.
• Npsa Serv. Corp. v. Indep. Am. Sav. Ass'n
  868 F.2d 1415· 5th Cir.· 1989-04-03
  Remand to state court is mandatory because federal courts lacked jurisdiction at the time of removal and subsequent events did not cure this defect.
• Poinciana Mobile Home Park, Inc. v. Pink Conley
  538 So. 2d 133· Fla. 3d DCA· 1989-02-10
  Poinciana Mobile Home Park purchased a property with mobile homes that encroached on adjacent land owned by Key West Polo Club. The trial court denied Poinciana's request for an injunction to relocate the trailers but granted the homeowners' injunction preventing relocation. The
• Ayres v. Babcock
  867 F.2d 296· 6th Cir.· 1989-02-06
  The court held that the revised state policy (PEM 210) defining 'temporary absence' for AFDC eligibility is valid and does not violate federal law or constitutional provisions.
• Bauers v. Cornett
  865 F.2d 1517· 8th Cir.· 1989-01-23
  The court held that soliciting partisan campaign contributions from fellow employees violates the Hatch Act and Missouri law, but soliciting funds for nonpartisan lobbying efforts may be protected speech. The court affirmed the denial of relief for using the 'D.E.S.' designation.
• Mesalic v. Slayton
  865 F.2d 46· 3d Cir.· 1988-12-28
  The court held that a stipulation of settlement, once entered as a court order, binds the municipality to evaluate development plans under the zoning ordinances in effect at the time of the stipulation, overriding subsequent amendments.
• Deel v. Jackson
  862 F.2d 1079· 4th Cir.· 1988-12-08
  The court held that the Virginia transfer of assets rule, as applied, is overly broad and denies equal protection by penalizing lack of business sophistication without a rational purpose.
• Rothfleisch v. Zach Cantor
  534 So. 2d 823· Fla. 4th DCA· 1988-11-30
  This case concerns whether a condominium association has the authority to grant a sewer line easement across its common elements to a neighboring temple. The appellate court affirmed the trial court's decision, upholding the association's authority and finding no breach of fiduci
• Brown-Forman Corp. v. Tenn. Alcoholic Bev. Comm'n
  860 F.2d 1354· 6th Cir.· 1988-11-04
  The court held that Tennessee's statute requiring distillers to sell alcoholic beverages in-state at a price no higher than the lowest price charged out-of-state does not violate the Commerce Clause.
• H.C. Elliott, Inc. v. Carpenters Pension Tr. Fund FOR N. Cal.
  859 F.2d 808· 9th Cir.· 1988-10-21
  An employer remains subject to withdrawal liability under ERISA even after ceasing direct employment if it continues to perform work covered by the collective bargaining agreement through subcontractors for whom contributions would have been required.
• Sammie Gail Blankenship v. Sec'y OF Health & Human Servs.
  858 F.2d 1188· 6th Cir.· 1988-10-06
  The court held that while the Supreme Court's decision in Heckler v. Day may not preclude all classwide relief for delays in social security benefits, the district court's order for classwide notice relief lacked sufficient factual findings to support it.
• Karyn Ridgeway v. Mont. High Sch. Ass'n
  858 F.2d 579· 9th Cir.· 1988-10-04
  The court affirmed the district court's denial of a permanent injunction regarding the scheduling of girls' high school basketball and volleyball seasons.
• Morales v. Arias
  856 F.2d 396· 1st Cir.· 1988-09-08
  The court held that the district court erred in sua sponte dismissing the plaintiff's action for reinstatement, as the defendant's motion for summary judgment only addressed qualified immunity from damages, and the nature of the plaintiff's position required further evidentiary d
• Deerfield Beach Publ'g, Inc. v. Robb
  530 So. 2d 510· Fla. 4th DCA· 1988-09-07
  Deerfield Beach Publishing sued the Mayor of Deerfield Beach under Florida's Sunshine Law for alleged closed-door meetings with other commissioners. The court affirmed dismissal of the complaint because the publisher failed to identify the other commissioners involved in the alle
• Cont'l CAN Co., Inc. v. Hon. Howard Yerusalim
  854 F.2d 28· 3d Cir.· 1988-08-15
  The court held that the federal 102-inch width limitation applies to 53-foot trailers grandfathered under the STAA, preempting Pennsylvania's narrower width restriction.
• Royal Saxon, Inc. v. Jaye
  536 So. 2d 1046· Fla. 4th DCA· 1988-08-03
  Royal Saxon, Inc., a cooperative association, sued unit owner Mildred Jaye for enforcement of building rules and to compel surrender of a unit key. After a 12-day jury trial consolidating multiple disputes, the trial court found Jaye the prevailing party and awarded her $87,375 i
• Dornan v. United States Secretary of Defense
  851 F.2d 450· D.C. Cir.· 1988-07-19
  Individual members of Congress lack standing to sue the President regarding his foreign policy duties, and they have adequate legislative remedies.
• City OF Valparaiso v. Niceville
  529 So. 2d 752· Fla. 1st DCA· 1988-07-14
  The City of Valparaiso appeals a trial court's denial of its motion for further relief seeking one-third of the expanded capacity of a regional sewer system operated by a board representing three municipalities. The appellate court affirms, holding that the Sewer Board had author
• Bibbs v. United States Dep't of Agric.
  850 F.2d 457· 8th Cir.· 1988-07-05
  The court held that the district court did not err in finding that the employer met its burden of proving the plaintiff would not have been promoted even absent racial discrimination, and that the district court properly applied Title VII's mixed-motive analysis.
• Thames Enters. v. City OF ST. Louis & Martin Walsh
  851 F.2d 199· 8th Cir.· 1988-06-30
  The court held that a zoning ordinance regulating adult businesses was constitutionally enacted, even without extensive empirical studies, if the legislative body relied on reasonably relevant evidence, including legislator's personal observations and research from other jurisdic
• Dep't OF Revenue v. Anheuser-Busch, Inc.
  527 So. 2d 877· Fla. 1st DCA· 1988-06-22
  The Department of Revenue appeals a trial court judgment that exempted inter-company transactions between Metal Container Corporation (MCC) and Anheuser-Busch from Florida's corporate income tax apportionment formula. The First District Court of Appeal reverses, holding that thes
• Laughlin v. Morauer
  849 F.2d 122· 4th Cir.· 1988-06-09
  The court held that the filing of a subdivision plat dedicating land as a park created a public easement, and that a prior state court judgment did not preclude this claim due to procedural defects.
• Romer v. Carlucci
  847 F.2d 445· 8th Cir.· 1988-05-18
  The court held that the National Environmental Policy Act (NEPA) requires a thorough exploration of alternative basing modes for the MX missile, and subsequent legislation did not exempt this requirement.
• Newark Gardens, Inc. v. Mich. Potato Indus. Comm'n
  847 F.2d 1201· 6th Cir.· 1988-05-16
  The court held that the mandatory assessments imposed by the Michigan Potato Industry Commission Act (MPICA) for product promotion are not preempted by the federal Agricultural Fair Practices Act (AFPA).
• Triangle Iron Works, Inc. v. Franchise Realty Interstate Corp.
  524 So. 2d 1145· Fla. 2d DCA· 1988-05-13
  Triangle Iron Works and other appellants challenged the trial court's denial of a motion to dismiss for lack of prosecution and appealed a final judgment enjoining defendants from erecting a fence across an easement. The appellate court affirmed both rulings, holding that the pla
• R.O. Downey v. Jungle DEN Villas Rec. Ass'n, Inc.
  525 So. 2d 438· Fla. 5th DCA· 1988-04-07
  Unit owners of a multi-phase condominium development challenged a recreation association's authority to build a swimming pool and assess members without unanimous approval. The court held that the recreation association, though formally a separate corporation, functions as a de f
• United States v. Panhandle E. Corp.
  842 F.2d 685· 3d Cir.· 1988-03-21
  The court held that it lacks jurisdiction to hear an interlocutory appeal from an order denying a stay of proceedings because the underlying action contains substantial equitable claims, rendering the entire action equitable in character under the Enelow-Ettelson rule.
• Roland v. United States
  838 F.2d 1400· 5th Cir.· 1988-03-08
  The court held that the IRS could rightfully levy on property fraudulently conveyed by parents to their son to satisfy back taxes, as the transfer was intended to defraud the government.
• Kemmons Wilson, Inc. v. Atl. Utils. OF Sarasota, Inc.
  523 So. 2d 633· Fla. 2d DCA· 1988-03-02
  The court held that the trial court erred in dismissing the complaint against Atlantic Utilities because the plaintiff's contract claim was not divested by the county's quasi-judicial action, but affirmed the dismissal against Sarasota County as untimely certiorari.
• Cimasi v. City OF Fenton
  838 F.2d 298· 8th Cir.· 1988-02-02
  The court held that a prior state court action seeking both declaratory and coercive relief precludes a subsequent federal civil rights claim for damages under the doctrine of res judicata.