Legal Opinion
Archstone Palmetto Park, LLC v. Kennedy
District Court of Appeal of Florida
Decided January 29, 2014No. 4D12-4554PublishedCited by 3 opinions
1Opinion of the Court
SCHIFF, LOUIS H., Associate Judge.
On occasion, the Legislature provides explicit guidance as to its intent and how a statute is to be applied for a specific case. This is one such instance. We reverse the declaratory judgment in favor of the appel-lees, which interpreted a 2012 amendment to section 163.3167(8), Florida Statutes, as requiring the City of Boca Raton to submit a development order to public referenda. Read properly, the 2012 amendment served to reaffirm the longstanding prohibition on referenda for development orders while grandfathering in specific charter provisions permitting…
2Cases cited19 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- White v. StateSupreme Court of Florida · 1998
- Lowry v. Parole and Probation Com'nSupreme Court of Florida · 1985
- Kephart v. HadiSupreme Court of Florida · 2006
- Murray v. Mariner HealthSupreme Court of Florida · 2008
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3Cited by3 opinions
- Andrew Thomas Giamberini v. Department of Financial ServicesDistrict Court of Appeal of Florida · 2015
- Mullen v. Bal Harbour VillageDistrict Court of Appeal of Florida · 2018
- City of Miami v. Miguel Angel GabelaDistrict Court of Appeal of Florida · 2023