Rectory Park, L.C. v. City of Delray Beach

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ CROSS-MOTION FOR SUMMARY JUDGMENT AS TO COUNTS II AND III OF THE PLAINTIFFS’ COMPLAINT

HURLEY, District Judge.

This case presents the question whether the City of Delray Beach’s conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge. The court concludes it does and, therefore, will grant the City’s motion for summary judgment.

Background

Plaintiffs Rectory Park, L.C., Sundy Estates, L.C., Salerno Properties, Inc., Nau-pilus, Ltd., Agama Path, Inc., and the…