Legal Opinion
DA Mortgage, Inc. v. City of Miami Beach
Court of Appeals for the Eleventh Circuit
Decided May 18, 2007No. 05-12540PublishedCited by 47 opinions
1Opinion of the Court
FAY, Circuit Judge:
Appellant (“L.C.”), a Miami Beach nightclub owner challenges the constitutionality of a Miami-Dade County (“County”) noise ordinance that the City of Miami Beach (“City”) attempted to enforce against the appellant. L.C. owns and operates Opium- Garden, a 20,000 square-foot dance club that occupies the atrium of a two-story building at 136 Collins Avenue on Miami Beach. L.C. subleases the premises from DA Mortgage, Inc. (“DA Mortgage”), which holds a lease on the property.
The appellant’s complaint arose when the City began to cite the club for violating a County noise…
2Cases cited35 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. SalernoSupreme Court of the United States · 1987
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
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3Cited by47 opinions
- Tayler Bayer v. Neiman Marcus Group, Inc.Court of Appeals for the Ninth Circuit · 2017
- Harris v. Mexican Specialty Foods, Inc.Court of Appeals for the Eleventh Circuit · 2009
- American Federation of State, County and Municipal Employees Council 79 v. Rick ScottCourt of Appeals for the Eleventh Circuit · 2013
- Complete Angler, LLC v. City of Clearwater, Fla.District Court, M.D. Florida · 2009
- Berg v. Merchants Ass'n Collection Division, Inc.District Court, S.D. Florida · 2008
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