Zoning Ordinances

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

• T.J.R. Holding Co., Inc. v. Alachua Cnty.
  617 So. 2d 798· Fla. 1st DCA· 1993-04-28 ·cited 30×
  Cafe Risque challenged Alachua County Ordinance 91-5, which prohibited nudity and sexual conduct in alcoholic beverage establishments, arguing it violated Florida statutory procedures for land-use ordinances. The court affirmed denial of the temporary injunction, holding that the
• Duncan E. MacKenzie v. City OF Rockledge
  920 F.2d 1554· 11th Cir.· 1991-01-15 ·cited 29×
  The court held that the plaintiff had no constitutionally protected property interest in a building permit for a marina, and therefore his due process claim failed. The court also found no equal protection or unconstitutional taking violations.
• Davidson v. City OF Coral Gables
  119 So. 2d 704· Fla. 3d DCA· 1960-03-31 ·cited 29×
  Davidson sought a declaratory judgment regarding her right to obtain a liquor license for her restaurant in Coral Gables, which met statutory requirements but was denied based on city zoning ordinances and population quota limitations. The court held that the applicable law at th
• Grant v. Cnty. OF Seminole
  817 F.2d 731· 11th Cir.· 1987-05-27 ·cited 28×
  The court affirmed the district court's dismissal of the plaintiffs' constitutional challenge to a county ordinance restricting mobile home locations, finding the ordinance rationally related to legitimate government interests.
• Avalon Cinema Corp. v. Reed W. Thompson
  689 F.2d 137· 8th Cir.· 1982-09-03 ·cited 28×
  The court held that while attorneys' fees are recoverable under 42 U.S.C. § 1988, the hourly rates requested for out-of-town counsel were excessive and reduced them to a reasonable amount based on community standards. The court disallowed hours spent on correcting errors in filin
• Alschuler v. Dep't OF Hous. & Urban Dev.
  686 F.2d 472· 7th Cir.· 1982-08-04 ·cited 28×
  The court held that neighborhood residents have standing to challenge HUD's approval of a low-income housing project based on concerns about racial and economic concentration, but not for claims solely benefiting project inhabitants.
• Ybarra v. The City OF the Town OF LOS Altos Hills
  503 F.2d 250· 9th Cir.· 1974-09-06 ·cited 28×
  A large-lot zoning ordinance is constitutional and does not violate equal protection or due process, even if it disproportionately affects low-income individuals, as long as it is rationally related to a legitimate governmental interest.
• Hope, Inc. v. The Cnty. OF DuPAGE
  738 F.2d 797· 7th Cir.· 1984-06-26 ·cited 27×
  The court held that the plaintiffs lacked standing because they failed to demonstrate a particularized injury, and the evidence did not support the finding that developers were deterred from proposing projects.
• The Cnty. OF Volusia v. Niles
  445 So. 2d 1043· Fla. 5th DCA· 1984-01-26 ·cited 27×
  Volusia County appealed a trial court's grant of a new trial on severance damages in a condemnation case. The court held that the trial judge abused its discretion by ordering a new trial based on the jury's zero damage verdict, as the jury was not instructed on nominal damages a
• City OF Miami Beach v. Greater Miami Hebrew Acad.
  108 So. 2d 50· Fla. 3d DCA· 1958-12-23 ·cited 27×
  The City of Miami Beach appealed an injunction that prevented enforcement of its zoning ordinance against a private school seeking to operate in a single-family residential district. The appellate court reversed, holding that the trial court improperly substituted its judgment fo
• State v. Valz
  117 Fla. 311· Fla.· 1934-11-26 ·cited 27×
  The Florida Supreme Court held that a city zoning board's variance provision does not constitute an unlawful delegation of legislative power and that quo warranto is not the appropriate remedy to challenge the board's discretionary exercise of authority regarding a dog racing pla
• Keego Harbor Co. v. City OF Keego Harbor
  657 F.2d 94· 6th Cir.· 1981-08-12 ·cited 26×
  A zoning ordinance that effectively bans adult movie theaters from a town abridges the First Amendment because the town has not met its burden of justifying the restrictions on protected speech.
• Jacquelyn Renee Town v. State of Fla. ex rel. Janet Reno
  377 So. 2d 648· Fla.· 1979-11-01 ·cited 26×
  The Florida Supreme Court upheld a temporary injunction prohibiting the use of cannabis as a religious practice by the Ethiopian Zion Coptic Church and enjoining use of residential property as a church in violation of zoning ordinances. The court held that Florida's compelling in
• Metro. Hous. Dev. Corp. v. The Vill. OF Arlington Heights
  517 F.2d 409· 7th Cir.· 1975-06-10 ·cited 26×
  The court held that the Village's refusal to rezone property for a low-income housing development, despite a lack of compelling justification, had racially discriminatory effects violating the Equal Protection Clause.
• Effie, Inc. v. City OF Ocala
  438 So. 2d 506· Fla. 5th DCA· 1983-09-29 ·cited 25×
  Effie, Inc. challenged a City of Ocala ordinance requiring location permits for on-premises alcohol sales on properly zoned property as unconstitutional for providing insufficient standards and guidelines, thereby permitting unbridled discretion. The appellate court reversed, fin
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Huntington Branch v. The Town OF Huntington
  844 F.2d 926· 2d Cir.· 1988-04-05 ·cited 24×
  A facially neutral zoning ordinance that has a discriminatory effect on a protected class violates the Fair Housing Act, even without proof of discriminatory intent.
• Tovar v. C.G. Billmeyer
  721 F.2d 1260· 9th Cir.· 1983-12-15 ·cited 24×
  The court held that the district court's granting of summary judgment was improper under controlling precedent.
• Pasco Cnty. v. Tampa Dev. Corp.
  364 So. 2d 850· Fla. 2d DCA· 1978-11-29 ·cited 24×
  Pasco County appealed an injunction preventing it from enforcing a restrictive zoning ordinance against Tampa Development Corporation's proposed duplex and multiple-family development. The court reversed, holding that equitable estoppel does not apply because the county took no a
• Olzman v. Lake Hills Swim Club, Inc.
  495 F.2d 1333· 2d Cir.· 1974-04-19 ·cited 24×
  The court held that a private club's rule changes, even if facially neutral, may violate civil rights statutes if they are intended to or have the effect of discriminating based on race, and reversed the grant of summary judgment for further findings.
• Ford Motor Co. v. Bisanz Bros., Inc.
  249 F.2d 22· 8th Cir.· 1957-11-13 ·cited 24×
  The court held that Ford Motor Company was entitled to intervene as of right under Rule 24(a)(2) because its interests might be inadequately represented and it would be practically bound by the judgment.
• State ex rel. Dallas Inv. Co. v. Peace
  139 Fla. 394· Fla.· 1939-07-21 ·cited 24×
  The Florida Supreme Court upheld Miami's zoning ordinance restricting gasoline and oil filling stations from locating within 350 yards of certain public institutions or within 750 feet of existing filling stations. The court rejected the relator's mandamus challenge, holding that
• State v. City of Miami
  117 Fla. 594· Fla.· 1934-12-12 ·cited 24×
  The Florida Supreme Court affirmed the dismissal of a mandamus action challenging Miami's zoning ordinance that prohibited hospital construction in a residential district on Brickell Avenue. The court held that the city's enabling statute permitted piecemeal zoning of specific ar
• Robbins v. Yusem
  559 So. 2d 1185· Fla. 3d DCA· 1990-02-27 ·cited 23×
  The Property Appraiser of Dade County appeals a dismissal of his complaint seeking to reinstate the non-agricultural tax classification of property that was being used for commercial farming in violation of zoning ordinances. The court reverses, holding that agricultural use in v
• Grady v. LEE Cnty.
  458 So. 2d 1211· Fla. 2d DCA· 1984-11-16 ·cited 23×
  The court held that a complaint challenging a rezoning, though untimely under a special act and ordinance, could be treated as a timely petition for writ of certiorari, allowing for judicial review.
• Am. Sav. & Loan Ass'n v. Cnty. OF Marin
  653 F.2d 364· 9th Cir.· 1981-04-06 ·cited 23×
  The court held that the case is ripe for adjudication without requiring the landowner to submit a development plan, and that trial on the question of taking should proceed forthwith.
• State of Fla. ex rel. Sarasota Cnty. v. Chief Judge Tyrie A. Boyer
  360 So. 2d 388· Fla.· 1978-05-31 ·cited 23×
  The Florida Supreme Court addressed whether it has jurisdiction to issue a writ of prohibition to the First District Court of Appeal in a case involving a development of regional impact (DRI) approval. The Court held that prohibition may be issued when a district court appears on
• State of Fla. ex rel. Robert L. Shevin v. Metz Constr. Co., Inc.
  285 So. 2d 598· Fla.· 1973-11-14 ·cited 23×
  Florida Supreme Court reversed the trial court's dismissal of a mandamus petition, holding that the last sentence of Section 4(3) of Chapter 71-172 (factory-built housing statute) is constitutional. The court rejected arguments that the statute's title failed to adequately expres
• Hunter v. Green
  142 Fla. 104· Fla.· 1940-02-27 ·cited 23×
  The Florida Supreme Court reversed a habeas corpus discharge and held that the City of Live Oak had valid charter power and police power authority to enact Ordinance No. 308, which regulates the location of funeral homes, embalming establishments, and mortuaries within specified
• Alachua Cnty. v. Eagle's Nest Farms, Inc.
  473 So. 2d 257· Fla. 1st DCA· 1985-07-18 ·cited 22×
  Alachua County appealed a trial court judgment ordering it to issue a special use permit for a private airstrip, while Eagle's Nest Farms cross-appealed the upholding of the county's special use permit ordinance. The First District Court of Appeal reversed the judgment requiring
• Lydo Enters., Inc. v. City OF LAS Vegas
  745 F.2d 1211· 9th Cir.· 1984-10-23 ·cited 22×
  The court held that the district court abused its discretion in granting a preliminary injunction because the balance of hardships did not decidedly tip in favor of the appellees and they failed to present serious litigation questions regarding their First Amendment claims.
• Joseph Skillken & Co. v. City OF Toledo
  528 F.2d 867· 6th Cir.· 1975-12-10 ·cited 22×
  The court held that the District Court erred in denying intervention and in ordering a comprehensive plan for eliminating discriminatory housing barriers.
• Swift & Co. v. The Hous. Auth. OF The City of Plant City
  106 So. 2d 616· Fla. 2d DCA· 1958-11-12 ·cited 22×
  Swift & Company appealed the denial of its right to present evidence of land value based on phosphate content in a condemnation proceeding by the Housing Authority of Plant City. The trial court had ruled that a zoning ordinance prohibiting mining precluded any valuation as phosp
• State v. THE City OF Miami
  156 Fla. 784· Fla.· 1946-01-11 ·cited 22×
  Dixie Inn challenged a Miami zoning ordinance regulating the location of liquor sales establishments, arguing the ordinance was unconstitutional and exceeded the city's charter and statutory authority. The Florida Supreme Court upheld the ordinance, affirming that municipalities
• Osceola Cnty. v. Best Diversified, Inc.
  936 So. 2d 55· Fla. 5th DCA· 2006-08-11 ·cited 21×
  Osceola County and the Florida Department of Environmental Protection (DEP) appeal a judgment awarding inverse condemnation damages to Peter Huff, the operator of a construction and demolition debris landfill. The court reverses, holding that no compensable taking occurred becaus
• Walnut Props., Inc. v. City OF Whittier
  861 F.2d 1102· 9th Cir.· 1988-11-09 ·cited 21×
  The court held that the zoning ordinance was unconstitutional as applied because it failed to provide reasonable alternative avenues of communication for adult businesses, but that the city officials involved were entitled to qualified immunity.
• The City OF ST. Petersburg v. Cardinal Indus. Dev. Corp.
  493 So. 2d 535· Fla. 2d DCA· 1986-09-05 ·cited 21×
  Cardinal Industries sought a special exception to develop a 52-unit modular housing complex in a zoning district that permitted such development subject to approval. The trial court set aside the city's denial, finding insufficient factual support and procedural defects, but the
• Chacon v. Granata
  515 F.2d 922· 5th Cir.· 1975-07-10 ·cited 21×
  The court held that the annexation, considered alone, is lawful, and challenges to anticipated zoning or condemnation are premature because no ripe controversy has been presented.
• State v. Danner
  159 Fla. 874· Fla.· 1947-12-19 ·cited 21×
  The Florida Supreme Court reviewed a mandamus petition seeking to cancel a liquor license issued to Danny Brown for premises in Miami. The Court affirmed and remanded the dismissal, finding the factual record insufficiently developed to determine whether the license was properly
• Robert and Sharon Albery v. Cal Reddig
  718 F.2d 245· 7th Cir.· 1983-10-03 ·cited 20×
  The court held that alleged negligence by local officials in administering zoning ordinances, even if resulting in property deprivation, does not violate due process if adequate state remedies are available. Zoning disputes are primarily local matters.
• Glackman v. City of Miami Beach
  51 So. 2d 294· Fla.· 1951-02-23 ·cited 20×
  The Florida Supreme Court upheld a city ordinance that restricted the relocation of liquor stores. The court found the ordinance, which prohibited relocation within 1,000 feet of another liquor store, to be a reasonable exercise of the city's zoning power and not arbitrary or dis
• FW/PBS, Inc. v. The City OF Dallas
  837 F.2d 1298· 5th Cir.· 1988-02-12 ·cited 19×
  The court held that the majority failed to apply the correct legal standards and strict scrutiny to the City of Dallas's licensing ordinance for sexually oriented businesses, particularly concerning procedural safeguards and substantive provisions.
• Biderman v. Rogers C. B. Morton
  497 F.2d 1141· 2d Cir.· 1974-05-30 ·cited 19×
  The court held that federal courts lack jurisdiction to enjoin municipal zoning actions on Fire Island, as neither the Fire Island National Seashore Act nor NEPA grants such power over non-federal entities absent federal funding or partnership.
• Partridge v. Presley
  189 F.2d 645· D.C. Cir.· 1951-04-05 ·cited 19×
  The court held that the appeal was timely and that the contract was unenforceable due to impossibility of performance, and that the plaintiff failed to prove damages.
• Lowell Joseph Kuvin v. City OF Coral Gables
  45 So. 3d 836· Fla. 3d DCA· 2010-08-25 ·cited 18×
  Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
• Ammons v. Okeechobee Cnty.
  710 So. 2d 641· Fla. 4th DCA· 1998-04-15 ·cited 18×
  Lisa Ammons and other appellants sought damages and injunctive relief after Okeechobee County revoked their occupational license for a commercial aluminum business, claiming the county was equitably estopped from doing so and that their constitutional rights were violated. The Fo
• Jones v. First Va. Mortg. & Real Est. Inv. Tr.
  399 So. 2d 1068· Fla. 2d DCA· 1981-06-19 ·cited 18×
  A mortgage lender foreclosed on property after the developer defaulted, then sued to enjoin enforcement of a downzoning ordinance. The court reversed summary judgment for the lender, holding that equitable estoppel did not apply because the lender failed to establish a detrimenta
• Bayou Landing, Ltd. v. Watts
  563 F.2d 1172· 5th Cir.· 1977-11-28 ·cited 18×
  The court held that the city council's actions in withholding an occupancy permit and revoking occupational licenses for adult bookstores, based on community disapproval and without proper procedural safeguards, violated the First Amendment.
• Georgianna Hill Stone v. City OF Maitland
  446 F.2d 83· 5th Cir.· 1971-08-04 ·cited 18×
  Municipal zoning ordinances requiring minimum frontage and distance between gas stations are constitutional as they rationally relate to legitimate public interests like traffic control and aesthetics, even if other businesses create similar issues.
• Rotenberg v. City OF Fort Pierce
  202 So. 2d 782· Fla. 4th DCA· 1967-09-29 ·cited 18×
  A junk yard operator appealed an injunction requiring compliance with a city zoning ordinance that imposed setback requirements and mandated fencing or vegetative screening. The appellate court upheld the ordinance's constitutionality and the availability of injunctive relief, bu