Zoning Ordinances

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

• Gannos, LLC v. Sussex Cnty. Bd. of Adjustment
  Del. Super. Ct.· 2015-11-17
  The Sussex County Board of Adjustment's decision to grant a special use exception and variances for a billboard is affirmed. The Court found that the Board followed proper procedure, that its decision was supported by substantial evidence, and that any hardship was not self-creat
• IN & FOR Sussex Cnty. Protect Our Indian River
  Del. Super. Ct.· 2015-07-02
  The Delaware Superior Court affirmed the Sussex County Board of Adjustment's (BOA) decision to grant a special use exception to Allen Harim Foods, LLC (Harim) for a chicken processing plant. The court held that BOA properly exercised its jurisdiction, Harim had standing as an equ
• Ripps v. City OF Coconut Creek
  124 So. 3d 1007· Fla. 4th DCA· 2013-11-06
  Three residents challenged a Florida city's approval of zoning ordinances for a Seminole Tribe casino resort hotel and parking facilities, arguing the city failed to comply with development-of-regional-impact (DRI) statutory requirements. The Fourth DCA denied the petition for se
• Remington Rd., LLC v. Town Comm'n for the Town of Oakland
  9th Cir. Ct. App. Div.· 2013-04-04
  Remington Road, LLC sought certiorari review of the Town of Oakland's decision partially denying its application for plat amendments to gain access to state roads (SR 50 and Remington Road) for a proposed RaceTrac gasoline station. The appellate court affirmed Oakland's authority
• In & for New Castle Cnty. Cecelia Hoey & Jewel Hoey v. State of Del.
  Del. Super. Ct.· 2011-12-09
  The Court affirmed the Zoning Board's decision to grant a use variance for a senior housing facility, finding it was supported by substantial evidence and did not constitute an error of law. However, the Court reversed the Board's decision to grant three area variances, concludin
• Flava Works, Inc. v. City of Miami
  800 F. Supp. 2d 1182· S.D. Fla.· 2011-07-29
  The court held that the City of Miami's zoning ordinance prohibiting business operations in residential zones was not unconstitutional, overbroad, or a violation of the Dormant Commerce Clause, and granted summary judgment for the defendants.
• In & for Kent Cnty. Francis L. Donnelly
  Del. Super. Ct.· 2011-04-20
  The Court denied the Petitioners' writ of certiorari, affirming the City of Dover Planning Commission's approval of the Preliminary Subdivision Plan for Villages of Maple Dale Senior Housing Community. The Court found that the Planning Commission did not exceed its jurisdiction,
• Jacksonville Prop. Rights Ass'n, Inc. v. City OF Jacksonville
  635 F.3d 1266· 11th Cir.· 2011-03-25
  Adult entertainment establishments in Jacksonville challenged the city's zoning ordinance requiring them to relocate to specific districts with buffer restrictions, arguing the scheme violated the First Amendment by failing to provide adequate alternative locations for nude danci
• In & for Sussex Cnty. Mariah D. Calagione
  Del. Super. Ct.· 2009-12-30
  The Superior Court affirmed the City Council's decisions approving the subdivision applications, finding the petition for certiorari was timely filed under 10 Del. C. § 8126, or alternatively, exercising discretion to excuse a late filing. The court also found the petitioners had
• AL Schweizer
  Del.· 2009-08-21
  The appellate court affirmed the Superior Court's denial of the property owners' petition for a writ of certiorari. The court held that the Newark Zoning Code section conditioning a fraternity house's non-conforming use on the fraternity's standing with the University of Delaware
• Of the William B. Chandler III Chancellor
  Del. Ch.· 2009-05-13
  The court held that plaintiffs lacked standing to challenge the annexation of the properties because they did not demonstrate an injury-in-fact or that their interests were within the zone of interests protected by annexation procedures. However, the court found that plaintiffs d
• Chabad of Nova, Inc. v. City of Cooper City
  575 F. Supp. 2d 1280· S.D. Fla.· 2008-07-29
  The court held that the plaintiff had standing to challenge zoning restrictions on religious assemblies in business districts but not in other districts for certain claims. The court found the pre-October 2006 zoning code imposed unreasonable limitations on religious assemblies'
• IN & FOR Sussex Cnty. Ronald GAY v. [Unknown]
  Del. Super. Ct.· 2008-07-18
  The trial court correctly entered judgment in favor of the plaintiff, Ronald Gay, and against the defendant, Delmarva Building Supply, Inc., on Gay's claims and Delmarva's counterclaim. The court found that the contract did not obligate Delmarva to obtain a variance as part of th
• Fla. Rock Indus., Inc. v. Palm Beach Cnty. Planning
  15th Cir. Ct. App. Div.· 2008-04-24
  1000 Friends of Florida sought a writ of certiorari to challenge Palm Beach County's approval of a conditional use permit for mining operations, arguing the Board violated its own zoning ordinance. The court held that petitioners lacked standing under the common law standing test
• Cartanza v. C.A. No. 2641-MG Del. Dep't OF Natural Res. & Env't Control
  Del. Ch.· 2008-02-06
  The Delaware Court of Chancery held that plaintiffs lacked standing to challenge the designation of their properties as Natural Areas (NAs) because such designations have no independent legal significance and impose no restrictions on landowners. The court further held that the S
• Lowell Joseph Kuvin v. City OF Coral Gables
  Fla. 3d DCA· 2007-08-22
  Lowell Kuvin challenged Coral Gables ordinances that prohibited parking personal-use pickup trucks in residential areas, arguing they violated constitutional protections. The Florida District Court of Appeal reversed the city's summary judgment, holding that the truck parking ban
• In & for New Castle Cnty. Catherine G. O'Neill
  Del. Ch.· 2007-03-29
  The Court affirmed the town's rezoning decision, finding that while the town violated the Delaware Freedom of Information Act (FOIA) by holding an improper executive session, this violation did not warrant invalidating the rezoning ordinance. The court found that the executive se
• Get Outdoors II, LLC v. City of El Cajon
  475 F. Supp. 2d 1256· S.D. Fla.· 2007-02-12
  The court held that the plaintiff has standing to challenge the sign ordinance because the urgency ordinance expired, reviving the original ordinance, and the defendant failed to demonstrate that the plaintiff lacked standing due to unbridled discretion in the permitting process.
• IN & FOR NEW Castle Cnty. Richard Handloff & H. Gibbons Young v. City Council of City of Newark
  Del. Super. Ct.· 2006-06-08
  The Court affirmed the City Council's denial of the Petitioners' application for a subdivision and parking waiver, finding that the denial was not "manifestly contrary to law" or "arbitrary and capricious." The Court also held that the City Council did not exceed its powers by co
• In & for Sussex Cnty. the Town of S. Bethany
  Del. Ch.· 2006-05-12
  The Court granted the Town's motion for summary judgment and denied the Nagys' motion, holding that the floating dock constituted a "structure" requiring a building permit and violated existing dock specifications, thus precluding a legal nonconforming use defense. Furthermore, t
• Turnberry Isle Condo. Ass'n, Inc. v. Fla. Pritikin Ctr., Inc.
  931 So. 2d 934· Fla. 3d DCA· 2006-04-19
  Turnberry Isle Condominium Association challenged Florida Pritikin Center's commercial use of property in a luxury residential development, claiming it violated zoning ordinances. The trial court granted summary judgment for Pritikin, finding its use was a lawful nonconforming us
• Cont'l Aviation Servs., Inc. v. City OF Naples Airport Auth.
  873 So. 2d 567· Fla. 2d DCA· 2004-05-26
  The court held that the NAA's resolution was not an invalid zoning ordinance under state law and could not be overcome by the terms of the lease or fuel permit.
• Open Homes Fellowship, Inc. v. Orange Cnty.
  2004 WL 1586846· M.D. Fla.· 2004-03-09
  The court held that Orange County violated Open Homes' equal protection rights by requiring a special exception for its drug and alcohol rehabilitation center while permitting similarly situated uses, such as community residential homes and dormitories, as of right.
• The Dover Historical Soc'y
  Del.· 2003-12-02
  The Delaware Supreme Court held that landowners within a historic district and the Dover Historical Society have standing to challenge the Planning Commission's approval of a new office building. The Court reversed the Superior Court's dismissal of these parties' claims, finding
• IN & FOR NEW Castle Cnty. Michael & Donna Holowka v. NEW Castle Cnty. Bd. OF Adjustment
  Del. Super. Ct.· 2003-04-15
  The Court affirmed the New Castle County Board of Adjustment's decision to grant a dimensional area variance. The Court found that the Board adequately considered the statutory requirements for granting a variance, including the "exceptional practical difficulty" standard and the
• Rectory Park, L.C. v. City of Delray Beach
  208 F. Supp. 2d 1320· S.D. Fla.· 2002-05-07
  The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.
• JPM Inv. Grp., Inc. v. Brevard Cnty. Bd. of Cnty. Comm'rs
  818 So. 2d 595· Fla. 5th DCA· 2002-05-03
  JPM Investment Group appealed a declaratory judgment and dismissal of certiorari challenging Brevard County's refusal to approve its application for a state liquor license allowing sale of all alcoholic beverages rather than just beer and wine. The court upheld the County's inter
• Camco Cable Servs., Inc. v. City of Lauderhill
  13 F. Supp. 2d 1329· S.D. Fla.· 1998-07-23
  The court held that the plaintiff, a corporation, lacked standing under 42 U.S.C. § 1983 because the regulation it relied upon, 47 C.F.R. § 25.104, was intended to protect individual users, not commercial entities.
• Keller v. Town OF Palm Beach
  707 So. 2d 429· Fla. 4th DCA· 1998-04-01
  The court affirmed that the trial court lacked subject matter jurisdiction over a declaratory relief action challenging a local zoning ordinance's setback requirement, but remanded to correct the disposition from summary judgment to dismissal.
• Abbott v. City of Cape Canaveral
  840 F. Supp. 880· M.D. Fla.· 1994-01-05
  The court held that the local zoning ordinance regulating satellite dish antennas was not preempted by federal FCC regulations and did not violate the plaintiff's constitutional rights.
• CASA Marie, Inc. v. Superior Court OF Puerto RICO for the Dist. OF Arecibo
  988 F.2d 252· 1st Cir.· 1993-03-09
  The court held that the section 1983 claims failed due to lack of state action and that the Fair Housing Act claims should not have been entertained by the federal district court due to the Anti-Injunction Act and Younger abstention. The federal district court improperly enjoined
• Arlin D. Lehman v. City OF Louisville
  967 F.2d 1474· 10th Cir.· 1992-06-29
  The court held that appellants failed to establish a constitutionally protected property interest under Colorado law, precluding their due process claims, and that abstention was inappropriate.
• Greene v. Town OF Blooming Grove
  935 F.2d 507· 2d Cir.· 1991-06-10
  The court held that the district court erred in exercising pendent jurisdiction over an unpleaded state law claim for declaratory relief after a jury found for the defendant on the federal claim.
• Walker v. City OF Kan. City
  919 F.2d 1339· 8th Cir.· 1990-11-30
  The court is dissenting from the denial of rehearing en banc, arguing the panel opinion decided a case not presented by the parties or considered by lower courts.
• Howard v. The City OF Garland
  917 F.2d 898· 5th Cir.· 1990-11-23
  The court held that the zoning ordinance requiring a special use permit for commercial home day care serving more than four nonresident children is rationally related to legitimate governmental interests and does not violate the Fourteenth Amendment.
• Maitland v. Pelican Beach Props., Inc.
  892 F.2d 245· 3d Cir.· 1989-12-07
  The court held that the district court erred by affirming a permit despite procedural due process violations and by engaging in de novo fact-finding regarding restrictive covenants.
• Thames Enters. v. City OF ST. Louis & Martin Walsh
  851 F.2d 199· 8th Cir.· 1988-06-30
  The court held that a zoning ordinance regulating adult businesses was constitutionally enacted, even without extensive empirical studies, if the legislative body relied on reasonably relevant evidence, including legislator's personal observations and research from other jurisdic
• Davidson v. City OF Clinton
  826 F.2d 1430· 5th Cir.· 1987-09-15
  The court held that a municipal ordinance prohibiting beer sales within 500 feet of a school is a valid exercise of police power, even when applied to a business in a newly annexed area, and a business owner does not have a vested right in a non-conforming use for liquor sales.
• Broward Cnty. v. Fla. Nat'l Props., Inc.
  510 So. 2d 1247· Fla. 4th DCA· 1987-08-19
  Broward County conditioned approval of a plat for a 100-lot subdivision on adding a notation to the plat face restricting development to that level, claiming authority under its land development code. The court held that the county lacked statutory authority to impose such a nota
• City OF Riviera Beach v. Fla. Dep't OF Env't Reg. & Palm Beach Cnty. Solid Waste Auth.
  502 So. 2d 1337· Fla. 4th DCA· 1987-02-25
  Appellants challenged the Florida Siting Board's approval of a resource recovery facility near Riviera Beach, arguing the site was inconsistent with county land use plans and zoning ordinances and that insufficient evidence supported its selection as the best site. The court affi
• 754 Orange AVE., Inc. v. City OF W. Haven
  761 F.2d 105· 2d Cir.· 1985-04-30
  The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
• All Am. Sign Rentals, Inc. v. City of Orlando
  592 F. Supp. 85· M.D. Fla.· 1983-10-27
  The court held that the City of Orlando's distance and on-off requirements for portable trailer signs were unconstitutional as they arbitrarily and unreasonably restricted commercial speech without advancing substantial governmental interests.
• City OF Miramar v. Bain
  429 So. 2d 40· Fla. 4th DCA· 1983-03-16
  The City of Miramar appealed a trial court judgment that prevented enforcement of its fence ordinance against a resident who kept permitted cougars. The appellate court reversed, holding that no conflict existed between the Commission's wildlife regulations and the City's zoning
• City OF FT. Lauderdale v. State
  424 So. 2d 102· Fla. 1st DCA· 1982-12-16
  The City of Fort Lauderdale appealed a Department of Veteran and Community Affairs determination that its proposed 1,000-foot runway extension at the Fort Lauderdale Executive Airport did not possess vested rights status under Florida law. The court affirmed the Department's deci
• Murray H. Goodman v. Polan
  397 So. 2d 963· Fla. 4th DCA· 1981-04-15
  A governmental moratorium on commercial construction constitutes adequate grounds for rescission of a contract warranting commercial zoning and absence of governmental prohibitions interfering with such use.
• City OF Tamarac v. Sabal Palm Golf Club, Inc.
  382 So. 2d 139· Fla. 4th DCA· 1980-04-09
• City OF Boca Raton v. Arvida Corp.
  371 So. 2d 160· Fla. 4th DCA· 1979-04-18
  The City of Boca Raton amended its charter to cap residential development at 40,000 dwelling units, implementing this through zoning ordinances that reduced allowable density. Arvida Corporation challenged the cap and implementing ordinances as unconstitutional, and the appellate
• The City OF Orlando v. The Sch. Bd. OF Orange Cnty.
  362 So. 2d 694· Fla. 4th DCA· 1978-09-20
  This concurring opinion clarifies that a voluntary dismissal of a prior action does not automatically satisfy the requirement for a malicious prosecution claim that the prior proceeding terminated in favor of the claimant, and that such termination is often a question of fact.
• City OF Hallandale v. Leisure Colony Mgmt. Corp. & Dubussey Realty N. V.
  358 So. 2d 27· Fla.· 1978-04-13
• The City OF Clearwater v. Field Constr. Assocs., Inc.
  350 So. 2d 845· Fla. 2d DCA· 1977-10-21