Zoning Ordinances

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

• City OF Jacksonville v. Nichol's Alley OF Jacksonville, Inc.
  402 So. 2d 1319· Fla. 1st DCA· 1981-08-19 ·cited 2×
  The court held that while a specific subsection of an ordinance creating different distance limitations for liquor license transfers was arbitrarily discriminatory and void, the general distance requirements and the straight-line measurement method were valid exercises of police
• The Okaloosa Island Leaseholder's Ass'n v. Hayward T. Hayes
  362 So. 2d 101· Fla. 1st DCA· 1978-08-21 ·cited 2×
  The court determined that the statute abolishing the Okaloosa Island Authority transferred its assets and responsibilities to the Board of County Commissioners, making the previously established protective covenants subject to amendment by the County Commissioners.
• Roberts v. City OF Woonsocket
  575 F.2d 339· 1st Cir.· 1978-05-22 ·cited 2×
  The court held that the city's 1975 zoning amendments were a valid exercise of police power and did not deprive plaintiffs of property without due process.
• Evenline Constr. Corp. v. Miller's Plantation Dev. Co. & Jimmie B. Gregory
  349 So. 2d 686· Fla. 4th DCA· 1977-08-12 ·cited 2×
  The court held that a subsequent zoning ordinance materially and adversely affecting a contract's density provision made the contract voidable by the buyer.
• Algie L. Outlaw v. Kinsey
  286 So. 2d 602· Fla. 1st DCA· 1973-11-29 ·cited 2×
  The court held that state subdivision platting law does not prevent the issuance of building permits for parcels described by dimensions other than those of platted lots.
• Palo Alto Tenants' Union v. Morgan
  487 F.2d 883· 9th Cir.· 1973-11-13 ·cited 2×
  The court held that the challenged zoning ordinances defining 'family' for single-family residential neighborhoods are constitutional.
• Cent. Bank & Tr. Co. v. City OF Miami Beach
  392 F.2d 549· 5th Cir.· 1968-04-04 ·cited 2×
  The court held that the off-street parking requirement was a valid exercise of police power and not an unconstitutional taking, but remanded to dismiss state law claims without prejudice.
• McFARLAND v. Gregory
  376 F.2d 12· 2d Cir.· 1967-04-19 ·cited 2×
  The dissenting judge would hold that the Memorandum Agreement requires the Gregory Group to supply parking spaces as required by 1957 zoning regulations, as long as still required.
• Bertram C. Ellison v. City OF Fort Lauderdale
  172 So. 2d 867· Fla. 2d DCA· 1965-02-19 ·cited 2×
  The court held that common law certiorari review is limited to examining the jurisdiction of the lower court and the regularity of procedural steps, not the intrinsic correctness of the decision.
• Commerce OIL Ref. Corp. v. Miner
  281 F.2d 465· 1st Cir.· 1960-06-16 ·cited 2×
  The court held that the lower court erred in finding the proposed refinery would constitute a nuisance based on speculative evidence of gas emissions and that ordinance validity was not necessary to the disposition.
• Town OF Belleair Beach v. Thacher
  109 So. 2d 171· Fla. 2d DCA· 1959-02-18 ·cited 2×
  The Town of Belleair Beach, Florida appealed a circuit court decree denying its annexation of approximately 30 acres of land containing a private club and bathing facility. The court affirmed the denial, finding the annexation unreasonable and unnecessary because the municipality
• Dennis v. Vill. OF Tonka BAY
  156 F.2d 672· 8th Cir.· 1946-07-26 ·cited 2×
  A village zoning ordinance is constitutional as applied to plaintiffs' property, even if it reduces the property's value for a specific commercial use, as long as it rationally relates to the community's health, safety, and general welfare.
• THE City OF Miami v. Lithgow
  152 Fla. 394· Fla.· 1943-02-19 ·cited 2×
  The Florida Supreme Court affirmed a trial court's judgment allowing David Lithgow, a licensed mortician, to operate a cremator in connection with his mortuary in the City of Miami, despite the City's later ordinance restricting crematories to cemeteries. The case established the
• Paxson v. Hoke Maroon
  148 Fla. 231· Fla.· 1941-09-30 ·cited 2×
  A retail liquor license may be granted for a location outside a municipality, even if it is within 2500 feet of a school or church located inside the adjacent municipality's corporate limits, provided the location is not prohibited by a municipal ordinance.
• Flava Works, Inc. v. City of Miami
  595 F. Supp. 2d 1341· S.D. Fla.· 2009-01-27 ·cited 1×
  The court held that the City of Miami's zoning ordinance, which is designed to regulate establishments offering adult entertainment at a physical location, cannot be applied to a residence where the public offering of such entertainment occurs solely in cyberspace.
• Schwarz v. City of Treasure Island
  521 F. Supp. 2d 1307· M.D. Fla.· 2007-10-03 ·cited 1×
  Summary judgment for the defendants is granted because the properties are not 'dwellings' under the FHA, and even if they were, the plaintiffs failed to establish discriminatory intent or impact by the City's zoning enforcement.
• Red-Eyed Jack, Inc. v. City of Daytona Beach
  322 F. Supp. 2d 1361· M.D. Fla.· 2004-06-01 ·cited 1×
  The court granted the City's motion for summary judgment, finding that the City had provided sufficient alternative avenues for adult expression through its zoning ordinances, and denied the Plaintiffs' motion.
• Nat'l Advertising Co. v. City of Miami
  288 F. Supp. 2d 1282· S.D. Fla.· 2003-09-26 ·cited 1×
  The court held that the plaintiff's claims were not ripe for judicial review because they failed to exhaust administrative remedies and obtain a final denial of their permit applications from the authorized official.
• Neumont v. Monroe Cnty.
  280 F. Supp. 2d 1367· S.D. Fla.· 2003-05-21 ·cited 1×
  The court held that the county's ordinance was not void ab initio because the changes made during the enactment process were not substantial or material, and the published notices were sufficient to lead to inquiry into the ordinance's body.
• 219 S. Atl. Boulevard Inc. v. City of Fort Lauderdale
  239 F. Supp. 2d 1265· S.D. Fla.· 2002-12-03 ·cited 1×
  The court held that summary judgment was appropriate because no genuine issues of material fact existed regarding the plaintiff's claims, and the defendant was entitled to judgment as a matter of law.
• Red-Eyed Jack, Inc. v. City of Daytona Beach
  165 F. Supp. 2d 1322· M.D. Fla.· 2001-07-25 ·cited 1×
  A municipal zoning code that fails to provide procedural safeguards for timely decisions and prompt judicial review of applications for adult theaters constitutes an unconstitutional prior restraint on First Amendment rights.
• Voyeur Dorm, LC v. City of Tampa
  121 F. Supp. 2d 1373· M.D. Fla.· 2000-11-07 ·cited 1×
  The court held that the internet-based adult entertainment business constituted an adult use under the city code and that the ordinance was properly adopted based on secondary effects, even if the internet was not specifically contemplated.
• Fla. E. Coast Ry. Co. v. City of W. Palm Beach
  110 F. Supp. 2d 1367· S.D. Fla.· 2000-07-27 ·cited 1×
  Florida East Coast Railway Company sought declaratory and injunctive relief against West Palm Beach's enforcement of zoning and occupational licensing ordinances against an aggregate distribution operation conducted by Rinker Materials Corporation on FEC property. The district co
• Restigouche, Inc. v. Town of Jupiter
  845 F. Supp. 1540· S.D. Fla.· 1993-12-15 ·cited 1×
  The court held that the plaintiff's federal takings claims were not ripe for review, and granted summary judgment for the defendant on the arbitrary and capricious due process claims, finding no substantial federal question.
• Int'l Eateries of Am., Inc. v. Bd. of Cnty. Comm'rs
  838 F. Supp. 580· S.D. Fla.· 1993-10-29 ·cited 1×
  The court held that abstention under the Pullman and Burford doctrines was appropriate because the validity of the county ordinance under state law presented unsettled questions of substantial local concern that could moot federal constitutional issues.
• Marbrunak, Inc. v. City OF Stow
  974 F.2d 43· 6th Cir.· 1992-08-31 ·cited 1×
  The court held that the City of Stow's zoning ordinance, as applied to Marbrunak, Inc., violated the Fair Housing Amendments Act of 1988 by imposing overly burdensome and generalized safety requirements on a residence for mentally retarded adults without reasonable accommodation
• Jennings v. Dade Cnty. & Larry Schatzman
  589 So. 2d 1345· Fla. 3d DCA· 1991-08-06 ·cited 1×
  Jennings challenged a county commission decision granting a variance to Schatzman to operate an oil change business, alleging ex parte communications between Schatzman's lobbyist and commissioners violated due process. The court held that proof of ex parte contact in quasi-judici
• Dinesh Mehta and Pravina Mehta v. Surles
  905 F.2d 595· 2d Cir.· 1990-05-29 ·cited 1×
  The court held that the Padavan Law's procedures did not cause the deprivation of the Mehtas' alleged property right in the driveway easement, thus their procedural due process claim failed. The court also vacated the district court's ruling on the easement's scope, deeming it a
• Nat'l Advertising Co. v. Main St. Shopping Ctr.
  539 So. 2d 594· Fla. 2d DCA· 1989-03-10 ·cited 1×
  The court held that the lease was breached for the year beginning November 1, 1985, but reversed the award of accelerated future rent as the lease did not provide for it.
• Mount Sinai Med. Ctr. of Greater Miami, Inc. v. City of Miami Beach
  706 F. Supp. 1525· S.D. Fla.· 1989-01-30 ·cited 1×
  The court held that the plaintiff demonstrated a substantial likelihood of prevailing on its due process claim and equitable estoppel claim, justifying a preliminary injunction against the enforcement of the zoning ordinance as interpreted.
• Wood Marine Serv., Inc. v. City OF Harahan
  858 F.2d 1061· 5th Cir.· 1988-10-28 ·cited 1×
  The court held that the city's zoning ordinance did not impermissibly burden interstate commerce and therefore was not unconstitutional under the Commerce Clause.
• Int'l Food & Bev. Sys. v. City of Fort Lauderdale
  664 F. Supp. 482· S.D. Fla.· 1987-06-16 ·cited 1×
  Municipalities have the authority under the Twenty-first Amendment to regulate or ban nude dancing in establishments that sell alcohol, and such regulations are not subject to First Amendment scrutiny when tied to alcohol sales.
• The R.C. Maxwell Co. v. Borough OF NEW Hope
  735 F.2d 85· 3d Cir.· 1984-05-24 ·cited 1×
  The dissenting judge believes there is a genuine issue of material fact regarding state-coerced action for billboard removal, precluding summary judgment.
• Gross v. City OF Riviera Beach
  367 So. 2d 648· Fla. 4th DCA· 1979-01-24 ·cited 1×
  A mortgagee who obtained a construction loan and foreclosed on a partially completed condominium project sought equitable relief to avoid complying with new zoning ordinances enacted after the original building permit. The court affirmed the denial of relief, holding that the mor
• Coral Ridge Golf Course, Inc. v. The City OF Fort Lauderdale
  253 So. 2d 485· Fla. 4th DCA· 1971-10-05 ·cited 1×
  A complaint seeking injunctive relief against enforcement of a zoning ordinance must allege sufficient ultimate facts demonstrating irreparable injury and denial of due process with a lack of reasonable relationship to public health, morals, safety, and general welfare, and mere
• City OF Hollywood v. Hutchings
  243 So. 2d 166· Fla. 4th DCA· 1971-01-08 ·cited 1×
• Crudele v. Cook
  165 So. 2d 424· Fla. 3d DCA· 1963-09-17 ·cited 1×
  The appellate court affirmed the trial court's summary decree, finding the renewal permit was illegally issued and the appellant failed to exhaust administrative remedies.
• Clewiston Commons LLC v. City of Clewiston
  M.D. Fla.· 2024-04-23
  A property owner sued the City of Clewiston and municipal officials over a zoning dispute involving its mobile home park, which was rezoned from residential to commercial in 2007, and the subsequent issuance of termination notices demanding cessation of the non-conforming use. Th
• Vertex Dev., LLC v. Pinellas Cnty.
  M.D. Fla.· 2023-04-03
  The court held that the denial of Vertex's application for a telecommunications tower was not supported by substantial evidence, as the aesthetic concerns raised were generalized and not supported by objective proof.
• DELTA ETA Corp. v. City OF Newark
  Del. Ch.· 2023-02-02
  The Court of Chancery dismissed the plaintiff's claims for lack of subject matter jurisdiction. The court held that state law claims challenging the denial of a special use permit were legal in nature and reviewable by writ of certiorari from the Superior Court, which provided an
• Citizens for Responsible Dev. v. THE City of Dania Beach
  Fla. 4th DCA· 2022-07-13
  The appellate court reversed a trial court's dismissal of a case, finding that plaintiffs had standing to challenge development agreements approved by the City of Dania Beach. The court held that plaintiffs were not required to show special damages to challenge the procedures use
• 1020 So Ocean v. Town of PB
  15th Cir. Ct. App. Div.· 2022-07-01
  The Fifteenth Judicial Circuit Court, Appellate Division denied a petition for writ of certiorari challenging the Town of Palm Beach's grant of front yard setback and height plane variances for property at 1015 South Ocean Boulevard. The majority denied the petition while Justice
• N. Am. Towers LLC v. City of Lakeland
  M.D. Fla.· 2021-07-13
  The court held that the City's denial of the cell tower application was supported by substantial evidence, as aesthetics and compatibility with surrounding land uses are permissible grounds for denial under federal law.
• B& G Opa Holdings, Inc. v. Daughtrey
  S.D. Fla.· 2020-09-11
  B&G Opa Holdings, Inc. challenged the City of Opa-locka's closure of its adult entertainment establishment, Klub 24, claiming violations of First Amendment and due process rights. The magistrate judge granted summary judgment in B&G's favor on claims that the city's zoning ordina
• City Walk - Urban Mission Inc v. Wakulla Cnty. Fla.
  N.D. Fla.· 2020-07-09
  City Walk – Urban Mission Inc. sought a preliminary injunction challenging Wakulla County's two-adult occupancy limitation on its three-bedroom religious transition home, which the county imposed through amendments to its Land Use Development Code after neighbors objected to resi
• Selena E. Molina Master in Chancery
  Del. Ch.· 2020-03-04
  The Court of Chancery dismissed the landowner's action for abatement and declaratory relief, finding that the claims were substantially similar to those already pending before the Sussex County Board of Adjustment. The court applied the doctrine of forum non conveniens, granting
• IN & FOR Sussex Cnty. W & C Catts Fam. Ltd. P'ship v. THE Town OF Dewey Beach & THE Bd. OF Adjustment OF THE City OF Dewey Beach
  Del. Super. Ct.· 2018-11-30
  The Dewey Beach Board of Adjustment's decision to deny a permit for reconstruction based on non-conforming use abandonment and flood damage reduction ordinance compliance is affirmed. The court found substantial evidence supported the abandonment of the outdoor cooking non-confor
• Town of Cheswold
  Del.· 2018-06-08
  The Delaware Supreme Court reversed the Superior Court's judgment, holding that the 2005 stipulated orders did not prohibit the Town of Cheswold from enacting future ordinances affecting the Central Delaware Business Park property. The Court found that res judicata was not the pr
• Waterview Towers v. WPB & Palm Harbor Hotel rehrg
  15th Cir. Ct. App. Div.· 2018-03-05
  The Fifteenth Judicial Circuit Court granted a Petition for Writ of Certiorari seeking to quash the City Commission's approval of a proposed hotel development on Flagler Drive in West Palm Beach. The court found that a Fourth District Court of Appeal decision interpreting restric
• Lechliter v. C.A. No. 7939-VCG Del. Dep't OF Natural Res. & Env't Control
  Del. Ch.· 2015-12-31
  The Delaware Court of Chancery granted summary judgment for the defendants on most claims, finding many were time-barred, lacked standing, or failed to state a claim. The court reserved decision on the plaintiff's private and public nuisance claims, and negligence claims, pending