Legal Opinion

Boca Villas Corp. v. Pence

Circuit Court for the Judicial Circuits of Florida

Decided September 30, 1976No. 73 106 CA (L) 01 F; No. 73 540 CA (L) 01 FPublishedCited by 1 opinion

1Opinion of the Court

THOMAS E. SHOLTS, Circuit Judge.

Final judgment: This cause came on for trial without jury upon consolidated complaints of two owners of property located within the city of Boca Raton to obtain certain zoning for their properties based upon attack on the constitutionality of the city’s charter amendment §12.09 commonly known as “the Cap.”

The charter amendment is novel in its approach to density control —

Section 12.09. Limitation óf Number óf Dwelling Units —

The total number of dwelling units within the existing boundaries of the city is hereby limited to forty thousand. No building permit…

2Cases cited31 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Shapiro v. ThompsonSupreme Court of the United States · 1969
  5. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926

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3Cited by1 opinion

  1. Fisher's Island, Inc. v. Dade County, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1977

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