Legal Opinion
City of Pompano Beach v. Haggerty
District Court of Appeal of Florida
Decided August 31, 1988No. 87-0442PublishedCited by 2 opinions
1Opinion of the Court
DOWNEY, Judge.
Appellee, Timothy Haggerty, placed his “mailbox” in the swale in the public right-of-way beside the street in front of his house. Appellant, City of Pompano Beach, advised him that the mailbox, its mounting and its supporting members violated Ordinance 100.35 and ordered him to remove it. Haggerty refused and this litigation ensued.
Ordinance 100.35 of the City of Pompano prohibited the construction or placement of private structures or obstructions of any kind in the public right-of-way. Ordinance 100.39 authorizes city officials to issue citations for violations of the…
2Cases cited5 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Diffenderfer v. Central Baptist Church of Miami, Florida, Inc.Supreme Court of the United States · 1972
- Florida East Coast Railway Company v. RouseSupreme Court of Florida · 1967
- Tsavaras v. LelekisDistrict Court of Appeal of Florida · 1971
- Town of Palm Beach v. Royal Palm Beach Hotel, Inc.District Court of Appeal of Florida · 1974
3Cited by2 opinions
- Glens Falls Insurance Co. v. RussellDistrict Court of Appeal of Florida · 1990
- Hodges v. Marion CountyDistrict Court of Appeal of Florida · 2001