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286 So. 2d 545·
Fla.·
1973-11-28
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285 So. 2d 447·
Fla. 2d DCA·
1973-10-03
The court held that the amended complaint sufficiently stated a cause of action and that the appellant had standing to sue under the Florida Environmental Protection Act.
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283 So. 2d 122·
Fla. 1st DCA·
1973-09-20
A competitor license holder does not have a statutory or constitutional right to intervene in another's application for a license based on economic factors, and the Administrative Procedure Act does not apply to such quasi-executive functions.
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39 Fla. Supp. 208·
Dade Cty. Cir. Ct.·
1973-09-19
The court held that the city is equitably estopped from denying a building permit because the petitioner relied on the city's prior actions and complied with all requirements.
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486 F.2d 654·
7th Cir.·
1973-09-17
The court held that preinduction judicial review of a draft deferment denial is proper when the denial is based on administrative action unrelated to the merits of the claim, and the registrant meets all regulatory criteria for the deferment.
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483 F.2d 1338·
9th Cir.·
1973-08-23
Pre-induction judicial review of a Selective Service classification is barred by 50 U.S.C. App. § 460(b)(3) unless the registrant is deprived of a classification to which he is entitled by statute, and the board's action is not within its statutory authority.
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483 F.2d 1294·
D.C. Cir.·
1973-07-26
The court held that intrastate transit systems using regrooved tires are subject to federal safety regulations because their operations are sufficiently related to interstate commerce. It also held that the Secretary of Transportation has the authority to exempt safe regrooved ti
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281 So. 2d 603·
Fla. 3d DCA·
1973-06-20
The Florida District Court of Appeal reversed a trial court's temporary injunction that halted a hearing on a savings and loan branch office application. The court held that the Comptroller's processing of branch office applications constitutes a quasi-legislative or quasi-execut
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279 So. 2d 345·
Fla. 3d DCA·
1973-06-19
Trial court's order requiring a corporation to give five days' notice before selling or conveying a major or material portion of its assets was reversed as impermissibly vague and indefinite regarding the corporation's permissible actions and the plaintiff's rights upon notice.
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478 F.2d 310·
6th Cir.·
1973-05-15
The court held that the district court erred in enjoining the company's proceeding before the National Labor Relations Board, as it improperly interfered with the Board's statutory authority.
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277 So. 2d 51·
Fla. 3d DCA·
1973-05-01
Simon Wikler, an unsuccessful candidate in a Miami Beach city council runoff election, appealed a summary judgment dismissing his petition for a recanvass of election returns and examination of voting machines. The court affirmed the summary judgment, finding that examination of
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273 So. 2d 406·
Fla. 3d DCA·
1973-02-27
The court held that the ordinance's prohibition against civil service employees being "in any manner concerned" in political activities is impermissibly vague and thus unconstitutional.
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476 F.2d 557·
7th Cir.·
1973-02-23
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38 Fla. Supp. 61·
Hillsborough Cty. Cir. Ct.·
1973-01-16
Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
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472 F.2d 565·
9th Cir.·
1973-01-12
The appeal is dismissed as moot because the named appellants have resolved their claims through a subsequent legislative remedy, and the alleged wrongful behavior is not expected to recur.
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471 F.2d 287·
9th Cir.·
1972-12-21
The court held that the plaintiff failed to demonstrate that the Navy's discharge scheme discriminated against women or that her claim for a pre-discharge hearing was valid.
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270 So. 2d 413·
Fla. 4th DCA·
1972-12-12
This case addresses the rights of condominium unit owners to alter their balconies. The court held that balconies are parts of individual units, not common elements, and therefore unit owners may enclose them with Board of Directors approval rather than requiring approval from 75
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469 F.2d 1402·
Temp. Emer. Ct. App.·
1972-12-12
The court held that the tenant's federal claims were moot or lacked a legal basis under the Economic Stabilization Act.
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270 So. 2d 365·
Fla.·
1972-12-06
The Florida Supreme Court permanently enjoined respondents from engaging in the unauthorized practice of law after they admitted to advertising legal counseling and advice services without being licensed attorneys.
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469 F.2d 1326·
3d Cir.·
1972-12-04
The court held that the district court's order for elections was not inconsistent with the prior mandate and affirmed the order, remanding for scheduling.
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272 So. 2d 534·
Fla. 2d DCA·
1972-12-01
Appellants challenged ad valorem tax assessments on their property as excessive, unequal, and invalid, seeking declaratory and injunctive relief. The trial court dismissed the complaint and upheld the assessments. The appellate court reversed, finding the assessor failed to consi
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474 F.2d 430·
D.C. Cir.·
1972-11-22
The court held that the original complaint sought substantial equitable relief, thus precluding its certification to the Superior Court under the District of Columbia Reorganization Act.
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470 F.2d 740·
9th Cir.·
1972-11-22
A prisoner's petition seeking an injunction for recognition of religious rights and expungement of disciplinary records is not subject to federal habeas corpus exhaustion requirements.
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269 So. 2d 421·
Fla. 2d DCA·
1972-11-17
A labor union lacks standing to seek injunctive relief on behalf of employees against an employer exempt from the National Labor Relations Act, based on prior Florida Supreme Court precedent.
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468 F.2d 905·
5th Cir.·
1972-10-27
The court held that the appellant failed to demonstrate a cause of action for injunctive relief against state murder prosecutions.
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467 F.2d 1269·
7th Cir.·
1972-09-19
The court held that the plaintiffs' claims presented an abstract question rather than an actual controversy, and that the Illinois Forcible Entry and Detainer Act provided adequate procedural due process, thus affirming the dismissal.
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268 So. 2d 438·
Fla. 4th DCA·
1972-08-07
State courts lack jurisdiction over labor disputes arguably protected by the NLRA, even if involving defamation, unless the suit seeks monetary damages, not injunctive relief.
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464 F.2d 1031·
5th Cir.·
1972-07-28
The court held that even if the inmates' allegations were true, they did not rise to the level of constitutional significance required for a federal civil rights claim.
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465 F.2d 307·
7th Cir.·
1972-07-11
The dissenting judge would affirm the district court's decision, finding that the Manpower Administration Order and subcontract satisfied the Economic Opportunity Act's resident participation requirements.
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264 So. 2d 90·
Fla. 1st DCA·
1972-07-06
A tax collector appealed a judgment that exempted religious schools operated by a diocese and church-affiliated organization from occupational license taxes. The court affirmed, holding that schools operated at substantial deficits and not for the purpose of generating profit fal
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463 F.2d 212·
9th Cir.·
1972-06-30
The court held that the district court in Arizona lacked jurisdiction to hear the case concerning a Connecticut selective service board's induction order.
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462 F.2d 486·
6th Cir.·
1972-06-28
The court held that the issues presented in the cause are moot.
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460 F.2d 1191·
4th Cir.·
1972-05-17
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463 F.2d 63·
3d Cir.·
1972-04-17
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458 F.2d 194·
5th Cir.·
1972-03-31
The appellate court held that the freeholder clause in Florida's constitutional provision on ad valorem taxes is invalid, but it is separable from the rest of the provision, which remains valid.
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456 F.2d 1109·
9th Cir.·
1972-03-14
The court affirmed the dismissal of the complaint in one case and vacated a portion of a district court order in another case as moot.
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36 Fla. Supp. 200·
Dade Cty. Cir. Ct.·
1972-02-07
Fire fighters challenged a Miami Beach ordinance prohibiting city employees from soliciting or participating in political activities, arguing it violated First Amendment protections. The court held the ordinance unconstitutional as overbroad and vague, relying on precedent from t
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455 F.2d 459·
6th Cir.·
1972-02-04
The federal court correctly dismissed the complaint because the plaintiff was attempting to relitigate issues already decided in state courts and should have pursued state appellate remedies.
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451 F.2d 1227·
5th Cir.·
1971-11-29
The appeal is dismissed as moot because the underlying issue, the removal of a detainer, has been resolved.
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452 F.2d 1093·
8th Cir.·
1971-11-12
The court held that the appeal was frivolous and dismissed it, denying the motion for injunction pending appeal.
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451 F.2d 263·
3d Cir.·
1971-11-01
The court held that the district court did not abuse its discretion in dismissing the class action and denying injunctive relief, finding no merit in the plaintiffs' contentions regarding illegal searches or a pattern of police misconduct.
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36 Fla. Supp. 19·
Fla. Cir. Ct.·
1971-08-09
Homeowners sued neighboring property owners alleging violations of restrictive covenants regarding fence construction and lot elevation in their subdivision. The court found that the defendants' wrought iron fence complied with the cyclone chain-link fence restriction and that th
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445 F.2d 1382·
5th Cir.·
1971-07-21
The court held that an FTC investigation does not shift to an adjudicative stage until a complaint is issued and served, and that objections to the scope of a special report order must be reasonable and relevant, not unduly burdensome. The court also affirmed the availability of
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249 So. 2d 729·
Fla. 1st DCA·
1971-06-08
Ocala Manufacturing challenged the Canal Authority's attempt to acquire land for the Cross Florida Barge Canal after losing a state court condemnation action. The court reversed the dismissal of Ocala's complaint with prejudice, holding that the trial court erred in refusing to a
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247 So. 2d 739·
Fla. 1st DCA·
1971-05-11
A Florida appeals court addressed whether occupational license taxes imposed by Jacksonville on a water service contractor were an unconstitutional burden on interstate commerce. The court reversed the lower court's injunction, holding that taxation of local incidents of intersta
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439 F.2d 280·
3d Cir.·
1971-03-09
The court held that Purple Cow's operation did not violate the lease agreement because it was neither a 'stand-up type' snack bar nor did it have the prohibited items as its principal business.
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441 F.2d 564·
3d Cir.·
1971-02-22
The court held that the district court's order was ambiguous regarding whether it was a three-judge panel decision or a single judge's dismissal, requiring clarification.
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244 So. 2d 179·
Fla. 4th DCA·
1971-02-17
The court held that while certiorari was untimely, the plaintiffs' suit in equity for injunctive relief on constitutional grounds was a proper method of review and should not have been dismissed.
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35 Fla. Supp. 53·
Escambia Cty. Cir. Ct.·
1970-12-30
Residents of an unincorporated subdivision sought injunctive relief and declaratory judgment to compel their garbage collector to continue providing back-yard pickup service instead of switching to curbside pickup. The court dismissed the action, holding that residents lacked sta
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34 Fla. Supp. 195·
Dade Cty. Cir. Ct.·
1970-11-16
The court consolidated and dismissed class action suits brought by condominium purchasers against the developer and related entities, rejecting claims of fraud regarding management agreements, apartment sizes, amenities, and ownership of recreation facilities in the Burleigh Hous