Legal Opinion
Lee County v. New Testament Baptist Church of Fort Myers, Florida, Inc.
Louisiana Court of Appeal
Decided April 8, 1987No. 86-2084PublishedCited by 5 opinions
1Opinion of the Court
LEHAN, Acting Chief Judge.
Lee County appeals a trial court determination that a section of the county’s Development Standards Ordinance 82-42, as amended by Ordinance 83-42 (the “D.S. 0.”), is unconstitutional. The appellees (the “Church”) cross appeal the trial court’s failure to find that other sections of the D.S.O. are unconstitutional and the denial of various other claims including a claim for damages and attorney’s fees under 42 U.S.C. § 1983. We affirm as to both the appeal and the cross-appeal.
The Church, located on a state road in Lee County, applied for a preliminary development…
2Cases cited10 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Key Haven Associated Enterprises, Inc. v. Bd. of Trustees of Internal Imp. Trust FundSupreme Court of Florida · 1982
- BOARD OF SUPERVISORS OF JAMES CITY CTY. v. RoweSupreme Court of Virginia · 1975
- Hollywood, Inc. v. Broward CountyDistrict Court of Appeal of Florida · 1983
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3Cited by5 opinions
- Florida Marine Fisheries v. PringleDistrict Court of Appeal of Florida · 1999
- Lee County v. ZemelDistrict Court of Appeal of Florida · 1996
- Modern, Inc. v. Florida, Department of TransportationDistrict Court, M.D. Florida · 2004
- Sarasota County v. Taylor Woodrow HomesDistrict Court of Appeal of Florida · 1995
- Lee Cty. v. NEW TESTAMENT BAPTIST CH.District Court of Appeal of Florida · 1987