Legal Opinion

Abbott v. City of Cape Canaveral

District Court, M.D. Florida

Decided January 5, 1994No. 92-1113-CIV-ORL-18PublishedCited by 1 opinion

1Opinion of the Court

ORDER

G. KENDALL SHARP, District Judge.

Robert J. Abbott (Abbott) brings this action against the City of Cape Canaveral (Cape Canaveral) and the Code Enforcement Board of the City of Cape Canaveral (Board) claiming Federal Communications Commission (FCC) Preemption and alleging violations of the First and Fourteenth Amendments, due process, equal protection, and 42 U.S.C. §§ 1983 and 1988. This ease was tried without a jury. The issues before the court are whether 47 CFR § 25.104 preempts section 641.61 of Cape Canaveral’s zoning ordinance and whether the local ordinance violates Abbott’s…

2Cases cited10 opinions

Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
Bendiburg v. DempseyCourt of Appeals for the Eleventh Circuit · 1990
Wayne Johnson and Judie Johnson v. City of Pleasanton, Wayne Johnson and Judie Johnson v. City of PleasantonCourt of Appeals for the Ninth Circuit · 1992
Van Meter v. Township of MaplewoodDistrict Court, D. New Jersey · 1988

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3Cited by1 opinion

Abbott v. City of Cape CanaveralCourt of Appeals for the Eleventh Circuit · 1994