Legal Opinion
M & H PROFIT, INC. v. City of Panama City
District Court of Appeal of Florida
Decided December 14, 2009No. 1D08-4983PublishedCited by 11 opinions
1Opinion of the CourtWolf, J.
We decide for the first time whether a property owner can state a cause of action under section 70.001, Florida Statutes (2006), otherwise known as the “Bert J. Harris, Jr., Private Property Rights Protection Act” (Bert Harris Act), based upon mere adoption of an ordinance of general applicability pursuant to the police powers of a city in a situation where that municipality has taken no further action concerning application of the ordinance to a particular piece of property. We determine the specific language of the Bert Harris Act does not contemplate facial challenges to general, health,…
2Cases cited18 opinions
- Holly v. AuldSupreme Court of Florida · 1984
- A. R. Douglass, Inc. v. McRainey, as Admrx.Supreme Court of Florida · 1931
- Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
- Hayes v. StateSupreme Court of Florida · 1999
- Knowles v. Beverly Enterprises-FloridaSupreme Court of Florida · 2004
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Jacksonville v. SmithDistrict Court of Appeal of Florida · 2015
- Wendler v. City of St. AugustineDistrict Court of Appeal of Florida · 2013
- Hussey v. Collier CountyDistrict Court of Appeal of Florida · 2014
- Bennett v. Walton CountyDistrict Court of Appeal of Florida · 2015
- GSK HOLLYWOOD DEVELOPMENT GROUP, LLC v. CITY OF HOLLYWOOD, FLORIDADistrict Court of Appeal of Florida · 2018
6 more not listed; retrieve them via the Exa API.