Burstyn v. City of Miami Beach

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JAMES LAWRENCE KING, Chief Judge.

At issue in this non-jury trial are five provisions of the Miami Beach Zoning Ordinance that regulate adult congregate living facilities (ACLFs). The plaintiffs allege that the provisions are arbitrary, capricious, and unreasonable, and that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. They seek declaratory and injunctive relief, as well as damages. The court bifurcated the damages issues and initially considered only the validity of the ordinance.