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Florida Attorney General Reports

Decided August 8, 1974Published

1Opinion of the Court

QUESTIONS: 1. Are foster group homes operated as a program of the Department of Health and Rehabilitative Services subject to local zoning ordinances? 2. Is property leased by a state agency, for purposes of fulfilling its statutory responsibilities, subject to local zoning ordinances?

SUMMARY: In the absence of an act of the State Legislature manifesting a legislative intent to waive the state's immunity from local zoning regulations, municipalities may not regulate, through the application or effect of municipal zoning ordinances, the placing in foster group homes of children within the…

2Cases cited7 opinions

  1. Thanet Corp. v. BD. OF ADJ. OF TP. OF PRINCETONNew Jersey Superior Court Appellate Division · 1969
  2. City of Bloomfield v. Davis County Community School DistrictSupreme Court of Iowa · 1963
  3. City of Treasure Island v. DeckerDistrict Court of Appeal of Florida · 1965
  4. Nichols Engineering & Research Corp. v. State Ex Rel. KnightSupreme Court of Florida · 1952
  5. Thanet Corp. v. TOWNSHIP OF PRINCETONNew Jersey Superior Court Appellate Division · 1969

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