Legal Opinion

Toothaker v. City of Fort Lauderdale

Circuit Court of the 17th Judicial Circuit of Florida, Broward County

Decided October 2, 1972No. 17-10284Published

1Opinion of the Court

LAMAR WARREN, Circuit Judge.

This is an action to declare part of a zoning ordinance invalid or to hold the actions of the board of adjustment denying a variance void, arbitrary and unreasonable.

Plaintiffs’ property is across a four lane street from a church, the west line of the former being approximately’ opposite the east line of the latter. The church building itself is located some distance to the west of the east property line; the principal entrance to the church property appears to be on a side street. See plaintiffs’ exhibit 3.

Plaintiffs’ property is zoned in . a classification which…

2Cases cited5 opinions

  1. Gorieb v. FoxSupreme Court of the United States · 1927
  2. City of Miami v. David M. Woolin and Annie Woolin, His WifeCourt of Appeals for the Fifth Circuit · 1968
  3. City of Boca Raton v. Tradewind Hills, Inc.District Court of Appeal of Florida · 1968
  4. Central Bank and Trust Company as Trustee Under Land Trust No. 65-Lt-5-475, and Not Individually v. City of Miami Beach, FloridaCourt of Appeals for the Fifth Circuit · 1968
  5. Saar v. Town of DavieDistrict Court, S.D. Florida · 1969

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