Zoning Ordinances

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

• The City of Miami Beach v. Ocean & Inland Co.
  147 Fla. 480· Fla.· 1941-06-13 ·cited 241×
  Miami Beach challenged a chancery court decree that enjoined enforcement of a zoning ordinance restricting the plaintiff's property to hotel and apartment use while allowing business use on adjacent Lincoln Road property. The Florida Supreme Court reversed, holding that the zonin
• State v. DuBose
  99 Fla. 812· Fla.· 1930-04-21 ·cited 172×
  The Florida Supreme Court held that while the City of Vero Beach had valid authority to enact a zoning ordinance, the city's refusal to grant the county commissioners a permit to build a jail on county property was an arbitrary and unreasonable application of that ordinance lacki
• Bannum, Inc. v. City OF Fort Lauderdale
  901 F.2d 989· 11th Cir.· 1990-05-21 ·cited 133×
  The court held that the district court erred in granting summary judgment to the City of Fort Lauderdale on immunity grounds, vacating the judgment and remanding for consideration of constitutional issues and pendent state claims.
• Renard v. Dade Cnty.
  261 So. 2d 832· Fla.· 1972-04-19 ·cited 132×
  Florida Supreme Court clarified the standing requirements for zoning challenges across three distinct scenarios: enforcing existing zoning ordinances, attacking validly enacted ordinances, and challenging void ordinances. The case establishes that abutting property owners within
• Hernandez v. City OF Lafayette
  643 F.2d 1188· 5th Cir.· 1981-05-01 ·cited 126×
  Local legislators are entitled to absolute immunity under § 1983 for conduct in furtherance of their legislative duties, but municipalities are not entitled to legislative immunity from damages for uncompensated takings of private property through zoning regulations.
• Bennett v. City OF Slidell
  728 F.2d 762· 5th Cir.· 1984-04-02 ·cited 124×
  The court held that a municipality can be held liable under section 1983 for the unconstitutional actions of an appointed official if that official's acts represent official policy, even if the municipality's written policies are facially constitutional.
• Executive 100, Inc. v. Martin Cnty.
  922 F.2d 1536· 11th Cir.· 1991-02-07 ·cited 123×
  The court held that due process takings and just compensation claims are not ripe until a final decision on development and pursuit of compensation is made, but equal protection, arbitrary and capricious due process, and tortious interference claims may proceed.
• City OF Miami Beach v. Wiesen
  86 So. 2d 442· Fla.· 1956-03-14 ·cited 114×
  The Florida Supreme Court reversed a lower court decree that had enjoined enforcement of a hotel and apartment zoning classification, holding that courts must defer to municipal zoning decisions under the 'fairly debatable' rule and cannot substitute their judgment for that of lo
• City OF ST. Petersburg v. Aikin
  217 So. 2d 315· Fla.· 1968-10-30 ·cited 100×
  The court held that the trial court misconstrued the legal effect of the evidence and its findings, and that the question of public interest served by the ordinance remained fairly debatable.
• White Egret Condo., Inc. v. Franklin
  379 So. 2d 346· Fla.· 1979-12-13 ·cited 94×
  White Egret Condominium sought to void a transfer of condominium ownership from Marvin Franklin to his brother Norman based on a restrictive covenant prohibiting children under twelve from residing in the complex. The Florida Supreme Court held that age restrictions in condominiu
• City of Miami Beach v. The Tex. Co.
  141 Fla. 616· Fla.· 1940-01-23 ·cited 93×
  City of Miami Beach sought to enforce an ordinance prohibiting petroleum storage tanks within 1,000 feet of residential buildings, but the Florida Supreme Court upheld as applied to The Texas Company's bulk plant, which had operated with city approval for many years. The court af
• Rogin v. Bensalem Twp. & Stephen J. Kelly
  616 F.2d 680· 3d Cir.· 1980-02-21 ·cited 82×
  The court held that the developer's cross-claim failed to state a cause of action under federal law, affirming the district court's dismissal, but found the case was not moot.
• United States v. Stirling
  571 F.2d 708· 2d Cir.· 1978-02-02 ·cited 82×
  The court held that the district court did not err in admitting the defendant's grand jury testimony into evidence.
• Shelton v. City OF Coll. Station
  780 F.2d 475· 5th Cir.· 1986-01-06 ·cited 78×
• Sw. Ranches Homeowners Ass'n, Inc. v. Cnty. OF Broward
  502 So. 2d 931· Fla. 4th DCA· 1987-01-14 ·cited 77×
  Southwest Ranches Homeowners Association challenged Broward County zoning ordinances that rezoned a 588-acre parcel adjacent to a women's prison to permit construction of a sanitary landfill and resource recovery plant. The court affirmed the ordinances, holding they were consist
• Deerfield Med. Ctr. v. City OF Deerfield Beach
  661 F.2d 328· 5th Cir.· 1981-11-13 ·cited 77×
  The court held that the district court abused its discretion in denying plaintiffs' motion for a preliminary injunction, as the city's zoning decision interfered with a fundamental right and was not justified by legitimate state interests.
• Harris v. H.A. Goff
  151 So. 2d 642· Fla. 1st DCA· 1963-04-09 ·cited 77×
  This case clarifies the proper method for challenging county zoning resolutions. The court held that a direct suit in equity for an injunction is the appropriate method to challenge a zoning resolution as unreasonable or unconstitutional, rather than a writ of certiorari, because
• City OF Miami Beach v. Prevatt
  97 So. 2d 473· Fla.· 1957-07-24 ·cited 77×
  The Florida Supreme Court affirmed a trial court decree invalidating Miami Beach's 1930 zoning ordinance as applied to three oceanfront parcels, holding the single-family residence classification unconstitutional as an arbitrary and unreasonable restriction on the property owners
• Wheeler v. City OF Pleasant Grove
  746 F.2d 1437· 11th Cir.· 1984-11-12 ·cited 75×
  The district court erred by failing to award damages on remand, as the prior appellate decision established the plaintiffs' entitlement to damages and the only remaining issue was the amount.
• Metro. Hous. Dev. Corp. v. Vill. OF Arlington Heights
  558 F.2d 1283· 7th Cir.· 1977-07-07 ·cited 75×
  The court held that if zoning denial makes housing unavailable due to race, it is unlawful under 42 U.S.C. § 3604(a).
• Kuzinich v. Cnty. OF Santa Clara
  689 F.2d 1345· 9th Cir.· 1982-10-13 ·cited 72×
  The court held that summary judgment was improper regarding the validity of the zoning ordinance and the equal protection claim, but affirmed the dismissal of the conspiracy claim and the immunity of local legislators for legislative acts.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Dailey v. City OF Lawton
  425 F.2d 1037· 10th Cir.· 1970-05-01 ·cited 62×
  A municipality and its employees can be enjoined from acting in violation of federal constitutional rights, even if the municipality is not considered a 'person' for damages under 42 U.S.C. § 1983.
• Philbrick v. City of Miami Beach
  147 Fla. 538· Fla.· 1941-06-20 ·cited 62×
  The Florida Supreme Court upheld an injunction prohibiting W. L. Philbrick and his funeral business from operating a funeral home in a residential district of Miami Beach in violation of the city's zoning ordinance. The court held that a municipality may seek injunctive relief to
• The City OF Highland Park v. Train
  519 F.2d 681· 7th Cir.· 1975-06-10 ·cited 60×
  The court held that the district court correctly dismissed the claims for failure to provide the required 60-day notice to the Administrator and that review of the indirect source regulations is exclusively within the jurisdiction of the Court of Appeals.
• Tau Alpha Holding Corp. v. Bd. of Adjustments of the City of Gainesville
  126 Fla. 858· Fla.· 1937-01-15 ·cited 60×
  The Florida Supreme Court upheld a Board of Adjustments' decision to grant a temporary permit allowing a property owner to construct a brick restaurant in a residential district, rejecting a challenge that the Board's variance power constituted an unconstitutional delegation of l
• Schwarz v. City OF Treasure Island
  544 F.3d 1201· 11th Cir.· 2008-10-08 ·cited 59×
  Gulf Coast Recovery, Inc. and its principal Matthew Schwarz operated six halfway houses for recovering substance abusers in Treasure Island, Florida. After neighbors complained about noise and turnover, the City cited Schwarz for violating an occupancy-turnover zoning rule and fi
• J. C. Penney Co., Inc. v. Koff
  345 So. 2d 732· Fla. 4th DCA· 1977-03-18 ·cited 58×
  J.C. Penney appeals a trial court judgment rescinding a land sale agreement and denying its specific performance claim. The buyer sought rescission due to a zoning change that reduced the property's development density before closing, but the appellate court reversed, holding the
• Smith v. City OF Miami Beach
  213 So. 2d 281· Fla. 3d DCA· 1968-08-06 ·cited 56×
  Property owners challenged Miami Beach's single-family residential zoning ordinance as unconstitutional and confiscatory. The trial court denied relief to most plaintiffs but granted it to the DeMaris couple for their specific property. On appeal, the court affirmed the denial of
• Bd. OF Comm'rs OF State Insts. v. Tallahassee Bank & Tr. Co. cum testamento annexo
  108 So. 2d 74· Fla. 1st DCA· 1958-12-23 ·cited 54×
  In a condemnation proceeding, the State Board of Commissioners sought to acquire five parcels in Tallahassee's Capitol Center area for expansion purposes. The property owners challenged application of a municipal zoning ordinance that restricted the land to residential use, argui
• City of Miami Beach v. First Tr. Co.
  45 So.2d 681· Fla.· 1949-07-05 ·cited 53×
  The court on rehearing reversed its prior decision, holding that a zoning ordinance was unreasonable and confiscatory as applied to the Firestone estate's land. The court found that changed circumstances and the land's economic value for hotel and apartment development justified
• Manor Healthcare Corp. v. Lomelo
  929 F.2d 633· 11th Cir.· 1991-04-25 ·cited 52×
  A municipality is not liable under § 1983 for a mayor's criminal acts unless those acts were officially sanctioned or made pursuant to a municipal policy by an official with final policy-making authority. A prevailing party may recover costs even if paid by a non-party insurer.
• Knowles v. Cent. Allapattah Props., Inc.
  145 Fla. 123· Fla.· 1940-11-22 ·cited 50×
  This case addresses whether the operation of a veterinary hospital and dog boarding facility constitutes a legal nuisance based on noise from dogs and burial of dog remains. The Florida Supreme Court held that regardless of when the business was established, if it interferes with
• NEW Port Largo, Inc. v. Monroe Cnty.
  985 F.2d 1488· 11th Cir.· 1993-03-17 ·cited 49×
  New Port Largo, Inc. (NPL) challenged Monroe County's rezoning of its property to private airport use, which the state court invalidated in 1986. NPL sold the property in 1982, before the state court's final judgment, and later filed federal takings claims in 1987. The Eleventh C
• Davis v. Sails
  318 So. 2d 214· Fla. 1st DCA· 1975-08-06 ·cited 49×
  The Board of County Commissioners of Alachua County appealed a trial court judgment ordering the rezoning of a 37.5-acre parcel from agricultural to a more liberal classification. The First District Court of Appeal affirmed, holding that the county's refusal to rezone was arbitra
• J & J Anderson, Inc. v. The Town OF Erie
  767 F.2d 1469· 10th Cir.· 1985-07-18 ·cited 48×
  The court held that while the district court erred in finding special circumstances to deny attorney fees, the plaintiffs could not substantially prevail on their § 1983 claim, thus affirming the denial of fees.
• Boraas v. The Vill. OF Belle Terre
  476 F.2d 806· 2d Cir.· 1973-02-27 ·cited 45×
  The dissenting judge argues that the Village's zoning ordinance is a rational means to achieve legitimate zoning objectives and should be upheld.
• Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  595 So. 2d 65· Fla. 5th DCA· 1991-12-12 ·cited 42×
  Snyder, a property owner, sought to rezone his land from General Use (GU) to RU-2-15 (medium-density residential) in Brevard County, Florida. The Board of County Commissioners denied the rezoning request without stated reasons, despite staff findings that it was consistent with t
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×
• Kugel v. City OF Miami Beach
  206 So. 2d 282· Fla. 3d DCA· 1968-01-23 ·cited 42×
  Property owners challenged a zoning ordinance that restricted their corner lot to residential use despite surrounding commercial and institutional development. The court reversed the trial court's denial of relief, holding that changed conditions in the neighborhood rendered the
• Manilow v. City OF Miami Beach
  213 So. 2d 589· Fla. 3d DCA· 1968-08-06 ·cited 40×
  Property owners challenged Miami Beach's single-family zoning restriction on their corner lot, arguing that surrounding commercial development and increased traffic made the restriction arbitrary and unconstitutional as applied. The appellate court reversed the trial court's deni
• Egan v. The City of Miami
  130 Fla. 465· Fla.· 1938-01-05 ·cited 40×
  E. L. Egan and other operators of tourist camps challenged Miami's Ordinance 1617 regulating tourist camps, tent cities, and trailer parks, arguing the city lacked authority and the ordinance was unconstitutional. The Florida Supreme Court affirmed the dismissal of their complain
• United States v. City OF Parma
  661 F.2d 562· 6th Cir.· 1981-10-14 ·cited 39×
  The court held that compelling a municipality to adopt a welcoming resolution and undertake a public advertising campaign to promote a particular racial attitude violates the First Amendment.
• Rancho Palos Verdes Corp. v. City OF Laguna Beach
  547 F.2d 1092· 9th Cir.· 1976-12-28 ·cited 37×
  The court held that the district court did not err in abstaining from exercising federal jurisdiction while retaining jurisdiction over federal claims pending resolution of state law issues in state court.
• Parking Facilities, Inc. v. The City OF Miami Beach
  88 So. 2d 141· Fla.· 1956-06-08 ·cited 37×
  Parking Facilities, Inc. challenged Miami Beach's zoning ordinance that permitted multiple-level parking garages in a multiple-family district but prohibited stores and commercial uses within such structures. The Florida Supreme Court upheld the ordinance restriction, finding tha
• Hoehne v. Cnty. OF SAN Benito
  870 F.2d 529· 9th Cir.· 1989-03-15 ·cited 35×
  The court held that the landowners' federal claims were ripe because the county's actions, including legislative rezoning and denial of subdivision applications, demonstrated a final decision and futility in pursuing further administrative remedies.
• Dennis v. Vill. OF Tonka BAY
  151 F.2d 411· 8th Cir.· 1945-10-24 ·cited 35×
  The court held that the complaint stated a claim upon which relief could be granted, and the district court erred in dismissing the action.
• Avalon Cinema Corp. v. Reed W. Thompson
  667 F.2d 659· 8th Cir.· 1981-12-11 ·cited 33×
• City OF Gainesville v. Bishop
  174 So. 2d 100· Fla. 1st DCA· 1965-04-13 ·cited 32×
  This case addresses whether the doctrine of equitable estoppel prevents a city from rescinding a building permit and rezoning property after the permit holder has relied on the city's initial authorization and incurred substantial expenses. The court affirmed that equitable estop
• Staninger v. Jacksonville Expressway Auth.
  182 So. 2d 483· Fla. 1st DCA· 1966-02-10 ·cited 31×
  Landowners challenged a condemnation award for their property, arguing the trial court erred in allowing the jury to consider restrictive covenants on the land when determining compensation, in excluding expert testimony about removal costs, and in admitting prior purchase price