Legal Opinion

Rosenbaum v. City of Miami

District Court of Appeal of Florida

Decided January 18, 2006No. 3D05-493Published

1Per curiam

Affirmed. See Boucher v. Novotny, 102 So.2d 132, 135 (Fla.1958)(when an individual seeks to challenge government action on the basis that the action fails to comply with existing law and seeks redress, either preventive or corrective, of an alleged municipal ordinance violation, the individual must prove special damages to himself differing in kind, as distinguished from damages differing in degree suffered by the community). See also School Bd. of Volusia County v. Clayton, 691 So.2d 1066 (Fla.1997); Clay v. Monroe County, 849 So.2d 363 (Fla. 3d DCA 2003), rev. denied, 870 So.2d 820…

2Cases cited5 opinions

  1. Boucher v. NovotnySupreme Court of Florida · 1958
  2. School Bd. of Volusia County v. ClaytonSupreme Court of Florida · 1997
  3. Metropolitan Dade Cty. v. PJ BIRDSDistrict Court of Appeal of Florida · 1995
  4. Clay v. Monroe CountyDistrict Court of Appeal of Florida · 2003
  5. Cap's-On-The-Water, Inc. v. St. Johns CountyDistrict Court of Appeal of Florida · 2003

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