Zoning Ordinances

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

• Wallach v. City OF Pagedale
  359 F.2d 57· 8th Cir.· 1966-04-01 ·cited 18×
  The court held that the complaint failed to state a claim upon which relief could be granted under federal law, both for non-compliance with pleading rules and for lack of a valid cause of action against the defendants.
• Burritt v. Harris
  166 So. 2d 168· Fla. 1st DCA· 1964-07-02 ·cited 18×
  In this second appeal regarding zoning in Duval County, Florida, the court affirmed the trial judge's dismissal of the property owner's suit challenging the Board's refusal to rezone his residential property to industrial use. The court held that the Board's refusal was neither a
• Crocker v. Hakes
  616 F.2d 237· 5th Cir.· 1980-05-02 ·cited 17×
  The court held that the city council's actions did not violate the appellant's constitutional rights, and therefore affirmed the grant of summary judgment.
• Video Int'l Prod., Inc. v. Warner-Amex Cable Commc'ns, Inc.
  858 F.2d 1075· 5th Cir.· 1988-10-31 ·cited 16×
  The City of Dallas cannot be held liable under the Sherman Act or section 1983 for issuing notices of zoning violations because these notices lacked legal finality and did not constitute a final determination causing concrete injury.
• Wood v. Dozier
  464 So. 2d 1168· Fla.· 1985-01-10 ·cited 16×
  The Florida Supreme Court upheld the Allen v. Avondale principle that property owners cannot rely on pre-acquisition neighborhood changes to invalidate restrictive covenants. The Woods, who purchased a motel already in violation of deed restrictions limiting the property to singl
• Town OF Mangonia Park v. Palm Beach OIL, Inc.
  436 So. 2d 1138· Fla. 4th DCA· 1983-09-14 ·cited 16×
  The Florida District Court of Appeal quashed a circuit court decision that had overturned an administrative board's ruling prohibiting daily truck parking at a commercial site. The court held that the circuit court improperly reweighed evidence and substituted its judgment for th
• Rodeway Inns OF Am., Inc. v. Frank
  541 F.2d 759· 8th Cir.· 1976-09-13 ·cited 16×
  The court held that competitor hotel owners lacked standing to challenge HUD's decision to allow a federally insured apartment building to convert to a hotel after the mortgage insurance had been paid out, as the relevant statutes and regulations only applied while the insurance
• City OF ST. Petersburg v. Aikin
  208 So. 2d 268· Fla. 2d DCA· 1968-03-22 ·cited 16×
  The City of St. Petersburg appealed a declaratory judgment invalidating its zoning ordinances as applied to the Aikins' and Galvins' property. The court held that the City, as the zoning authority, bears the burden of proving that zoning restrictions are necessary to protect publ
• Mayflower Prop., Inc. v. City OF Fort Lauderdale
  137 So. 2d 849· Fla. 2d DCA· 1962-02-02 ·cited 16×
  Mayflower Property, Inc. challenged the City of Fort Lauderdale's zoning of its waterfront property as R-1 single family, arguing it should be rezoned R-3 multiple family for hotels and apartments. The court held that the Board of Adjustment lacked jurisdiction to grant the reque
• Dulaney v. The City OF Miami Beach
  96 So. 2d 550· Fla. 3d DCA· 1957-08-02 ·cited 16×
  Citizens and taxpayers of Miami Beach sought to enjoin a special election that would submit to voters a proposed ordinance repealing recent zoning amendments. The Florida District Court of Appeal affirmed the lower court's denial of the injunction, holding that courts should not
• Gross v. City of Miami
  62 So. 2d 418· Fla.· 1953-01-09 ·cited 16×
  Herman Gross sought to transfer his retail liquor license to a new location within a B-1 zoned area of Miami, relying on a city commission resolution. The Florida Supreme Court affirmed the lower court's judgment that the city was not estopped from enforcing zoning requirements a
• Thai Meditation Ass'n of Ala., Inc. v. City of Mobile
  980 F.3d 821· 11th Cir.· 2020-11-16 ·cited 15×
  The Thai Meditation Association and its incorporators sued Mobile, Alabama after the city denied their applications to build a Buddhist meditation center in a residential neighborhood, claiming violations of federal religious liberty protections and state constitutional rights. T
• Cournoyer v. Town OF Lincoln
  790 F.2d 971· 1st Cir.· 1986-05-09 ·cited 15×
  The court held that the Town's enforcement of its zoning ordinance is exempt from the automatic stay provisions of the Bankruptcy Code under 11 U.S.C. § 362(b)(4) and (5).
• Corona Props. OF Fla., Inc. v. Monroe Cnty.
  485 So. 2d 1314· Fla. 3d DCA· 1986-03-11 ·cited 15×
  A building permit issued without statutory authority is void ab initio, and equitable estoppel or laches cannot be asserted against a governmental entity to enforce such a permit.
• Standard Oil Co. v. City of Tallahassee
  183 F.2d 410· 5th Cir.· 1950-06-30 ·cited 15×
• W. Martin Haskell, M.D. v. Wash. Twp.
  864 F.2d 1266· 6th Cir.· 1988-12-20 ·cited 14×
  The court held that the defendants waived their statute of limitations defense by failing to raise it in their initial responsive pleading. The court also found that the district court's rulings on standing were conflicting and that the Rule 41(b) dismissal was subject to a clear
• Sullivan v. The City OF Pittsburgh
  811 F.2d 171· 3d Cir.· 1987-01-23 ·cited 14×
  The court held that the federal plaintiffs had standing, the district court did not err in refusing to abstain, the statute of limitations did not bar the claims, and the district court did not violate the Full Faith and Credit Act.
• Muckway v. Vance Craft
  789 F.2d 517· 7th Cir.· 1986-04-23 ·cited 14×
  A plaintiff alleging a violation of state law through a government entity's failure to enforce that law must demonstrate intentional, purposeful discrimination and a denial of a right secured by the federal constitution to state a federal equal protection claim.
• Am. Future Sys., Inc. v. The Pa. State Univ.
  752 F.2d 854· 3d Cir.· 1984-12-28 ·cited 14×
  Commercial speech is not entitled to First Amendment protection if it is misleading or related to unlawful activity, and AFS's speech falls into both categories.
• Giulini v. Blessing
  654 F.2d 189· 2d Cir.· 1981-07-02 ·cited 14×
  The court held that the district court erred in dismissing the civil rights complaint for lack of subject matter jurisdiction, but that abstention under Younger v. Harris was appropriate for declaratory and injunctive relief due to pending state criminal proceedings.
• Franklin v. White Egret Condo., Inc.
  358 So. 2d 1084· Fla. 4th DCA· 1977-08-09 ·cited 14×
  Two brothers who jointly purchased a condominium apartment had the transfer of ownership between them invalidated by the trial court based on condominium bylaws prohibiting ownership by more than one family. The appellate court reversed, holding that joint ownership by blood rela
• Wallach v. City OF Pagedale
  376 F.2d 671· 8th Cir.· 1967-05-09 ·cited 14×
  The court held that the plaintiff failed to establish federal jurisdiction, and the trial court correctly dismissed the action without prejudice.
• Vill. OF Va. Gardens v. Johnson
  143 So. 2d 692· Fla. 3d DCA· 1962-08-07 ·cited 14×
  The Village of Virginia Gardens appealed a trial court's decision declaring its zoning ordinance unconstitutional. The Florida appellate court reversed, holding that the property owners failed to meet their heavy burden of proving the ordinance invalid, as the validity of the ord
• City OF Daytona Beach v. Lafy Abdo
  112 So. 2d 398· Fla. 1st DCA· 1959-05-21 ·cited 14×
  The City of Daytona Beach appealed a summary decree that struck down an ordinance prohibiting outdoor signs advertising rates for hotel, motel, and apartment accommodations. The Florida appellate court reversed, holding that the ordinance is not facially unconstitutional and that
• Segal v. City of Miami
  63 So. 2d 496· Fla.· 1953-02-06 ·cited 14×
  Segal, a zoological garden operator, challenged Miami's R-1 single-family zoning of four of his lots adjacent to his B-3 business-zoned lots where he conducted animal operations. The Florida Supreme Court affirmed the lower court's rejection of his zoning challenge, holding that
• City of Miami Beach & John H. Levi v. State ex rel. Albert Ross
  141 Fla. 407· Fla.· 1940-01-16 ·cited 14×
  The Florida Supreme Court reversed a circuit court's grant of a peremptory writ of mandamus that compelled Miami Beach officials to issue a bakery permit to Albert Ross. The Court held that while mandamus may compel an administrative body to act, it cannot be used to control the
• City OF Pompano Beach v. Yardarm Rest., Inc.
  509 So. 2d 1295· Fla. 4th DCA· 1987-07-15 ·cited 13×
  The county is liable because its officials made a deliberate choice to use a forceful entry method that was not forbidden by law at the time, thus establishing county policy.
• City OF ST. Petersburg v. Wall
  475 So. 2d 662· Fla.· 1985-06-20 ·cited 13×
  The Florida Supreme Court resolved a conflict between two district court decisions regarding whether a municipality can be held liable for damages caused by an automatic stay of a trial court judgment in an unsuccessful eminent domain action. The Court held that while a city cann
• City OF Miami Beach v. Arthree, Inc.
  269 So. 2d 699· Fla. 3d DCA· 1972-11-21 ·cited 13×
  The City of Miami Beach and competing hotel operators appealed a summary judgment declaring a zoning ordinance unconstitutional as applied to the Carriage House Apartment Hotel, which sought to operate service stores and offices permitted for hotels with 100+ rooms. The court rev
• Murray Tillman v. Wheaton-Haven Rec. Ass'n, Inc.
  451 F.2d 1211· 4th Cir.· 1971-10-27 ·cited 13×
• City OF FT. Lauderdale v. Lauderdale Indus. Sites, Inc.
  97 So. 2d 47· Fla. 2d DCA· 1957-09-18 ·cited 13×
  The Florida District Court of Appeal reversed a trial court's judgment that the City of Ft. Lauderdale was equitably estopped from enforcing a rezoning ordinance that changed plaintiff's property back from industrial to residential use. The court held that plaintiff had notice th
• City of Miami Beach v. State
  128 Fla. 118· Fla.· 1937-04-27 ·cited 13×
  Parkway Company sought mandamus to compel Miami Beach officials to issue a permit for 150 chairs in a restaurant patio. The Florida Supreme Court affirmed the lower court's grant of mandamus, holding that the restaurant constituted a lawful non-conforming use under the zoning ord
• Sailboat Bend Sober Living v. City of Fort Lauderdale
  46 F.4th 1268· 11th Cir.· 2022-08-26 ·cited 12×
  Sailboat Bend Sober Living operated a for-profit residential facility for individuals recovering from addiction and sued the City of Fort Lauderdale under the Fair Housing Act and Americans with Disabilities Act, challenging the city's code enforcement decisions, denial of a reas
• Cross-Sound Ferry Servs., Inc. v. Interstate Commerce Comm'n & United States
  873 F.2d 395· D.C. Cir.· 1989-04-28 ·cited 12×
  The court held that the ICC failed to adequately explain its change in policy regarding the ferry service exemption and remanded for further explanation, but affirmed the grant of temporary operating authority to Viking.
• Cnty. Line Joint Venture v. The City OF Grand Prairie
  839 F.2d 1142· 5th Cir.· 1988-03-18 ·cited 12×
  The court held that the City's enactment of a zoning ordinance terminating specific use permits upon six months of non-use was a legislative act, and thus did not violate procedural due process rights. However, other federal and state claims were not addressed by the lower court
• CLR Corp. v. Lowell Henline
  702 F.2d 637· 6th Cir.· 1983-03-23 ·cited 12×
• United States v. Cnty. OF Humboldt
  615 F.2d 1260· 9th Cir.· 1980-04-01 ·cited 12×
  A county cannot enforce its zoning and building codes against Indian trust property within a reservation, as Public Law 280 does not grant such jurisdiction.
• Ventura Cnty. v. Gulf OIL Corp.
  601 F.2d 1080· 9th Cir.· 1979-08-03 ·cited 12×
  County ordinances governing oil exploration and extraction on federal land impermissibly conflict with federal law and are preempted by the Supremacy Clause.
• City OF Miami Beach v. The NEW Floridian Hotel, Inc.
  324 So. 2d 715· Fla. 3d DCA· 1976-01-13 ·cited 12×
  No and no. Writing for a unanimous Court, Justice Rehnquist held that the school district was not entitled to sovereign immunity, which generally extended to the states themselves and to state officials in their official capacities. He reasoned that the board was more akin to a m
• Clarke v. Morgan
  327 So. 2d 769· Fla.· 1975-12-10 ·cited 12×
  The Florida Supreme Court upheld Chapter 69-1651, which authorizes Tampa's Board of Adjustment to grant use variances from zoning ordinances, rejecting the lower court's finding that the statute constituted an unconstitutional delegation of legislative authority. The Court held t
• Blackman v. The City OF BIG Sandy
  507 F.2d 935· 5th Cir.· 1975-02-07 ·cited 12×
  The court held that the city's zoning ordinance, which prohibited the sale of intoxicating beverages in a residential zone, was not arbitrary, capricious, or unconstitutional as applied to the appellants.
• McCAHILL v. Borough OF FOX Chapel
  438 F.2d 213· 3d Cir.· 1971-02-10 ·cited 12×
  The court held that the plaintiff's complaint did not present an actual controversy ripe for judicial determination under the Federal Declaratory Judgment Act.
• City OF Holly Hill v. State of Fla. ex rel. GEM Enters., Inc.
  132 So. 2d 29· Fla. 1st DCA· 1961-07-06 ·cited 12×
  The court held that the city's refusal to transfer Gem's liquor license was arbitrary and that Gem was entitled to a writ of mandamus because a package store is a permissible use in Business Zone AA.
• Schoenith v. City OF S. Miami
  121 So. 2d 810· Fla. 3d DCA· 1960-07-21 ·cited 12×
  Property owners appealed a trial court's decision that rezoned their property from single-family to duplex use after invalidating the original single-family zoning ordinance. The appellate court held that courts lack authority to rezone property and must instead direct zoning aut
• McMAHON v. City OF Dubuque
  255 F.2d 154· 8th Cir.· 1958-05-08 ·cited 12×
  A city's refusal to rezone property for commercial use, even if it has higher commercial value, is permissible under its police power if it aligns with a comprehensive zoning plan and is not arbitrary or capricious.
• State ex rel. Lacedonia v. Harvey
  68 So. 2d 817· Fla.· 1953-12-18 ·cited 12×
  Property owner challenged revocation of a building permit for a proposed apartment house addition that violated Key West's zoning ordinance requiring a 5-foot side yard setback for dwellings. The Florida Supreme Court affirmed that the setback requirement applies to all buildings
• State v. City of Jacksonville
  103 Fla. 177· Fla.· 1931-10-20 ·cited 12×
  Florida Supreme Court reversed the dismissal of a mandamus petition challenging Jacksonville's refusal to issue a building permit for a funeral parlor garage, holding that the zoning ordinance restricting funeral businesses was enacted without compliance with statutory procedural
• Miami-Dade Cnty. v. Walberg
  739 So. 2d 115· Fla. 3d DCA· 1999-06-30 ·cited 11×
  This case involves a dissenting opinion regarding the denial of a property owner's application to rezone their land from a five-acre estate district to a one-acre estate district.
• DOE v. The City OF Butler
  892 F.2d 315· 3d Cir.· 1989-12-29 ·cited 11×
  The court held that the transitional dwelling provisions of the City of Butler zoning ordinance do not violate plaintiffs’ due process rights, freedom of association, or the sex discrimination prohibition of The Fair Housing Act. However, the case is remanded for further consider
• Morton P. MacLEOD v. Cnty. OF Santa Clara
  749 F.2d 541· 9th Cir.· 1984-12-10 ·cited 11×
  The denial of a permit to harvest timber did not constitute a compensable taking because it did not interfere with the primary uses or investment-backed expectations of the property, even if it prevented the 'highest and best use'.