Legal Opinion

Saar v. Town of Davie

District Court, S.D. Florida

Decided November 21, 1969No. 68-684-CivPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ATKINS, District Judge.

The balancing of private property rights with the public interest is always a difficult task. In this non-jury case the plaintiff is Shell Oil Company, purchaser of a parcel of land from Mr. and Mrs. R. W. Saar, the original plaintiffs. The defendant is the Town of Davie, a small rural municipality in Bro-ward County. Shell seeks to have a portion of the Town’s zoning law declared unconstitutional as the law prevents *208Shell from constructing a gasoline service station on the Saar land. This Court has jurisdiction pursuant to 28 U.S.C. § 1331. There is a…

2Cases cited3 opinions

  1. Gorieb v. FoxSupreme Court of the United States · 1927
  2. City of Miami v. David M. Woolin and Annie Woolin, His WifeCourt of Appeals for the Fifth Circuit · 1968
  3. Central Bank and Trust Company as Trustee Under Land Trust No. 65-Lt-5-475, and Not Individually v. City of Miami Beach, FloridaCourt of Appeals for the Fifth Circuit · 1968

3Cited by2 opinions

  1. City of Margate v. Amoco Oil Co.District Court of Appeal of Florida · 1989
  2. Toothaker v. City of Fort Lauderdale, Circuit Court of the 17th Judicial Circuit of Florida, Broward County1972

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