Kuvin v. City of Coral Gables

(dissenting) (revised).

The majority opinion strikes down sections 8-11 and 8-12 of the City of Coral Gables’ (“the City”) zoning code (“Zoning Code”) as applied to personal-use pickup trucks on two grounds: (1) sections 8-11 and 8-12 cannot be rationally related to preserving the residential character of a neighborhood by excluding commercial uses because the ordinances are not limited to commercial vehicles; and (2) the ordinances cannot be supported on aesthetic grounds. I must respectfully dissent because the majority opinion suffers from the following fatal flaws: it completely ignores…