James and Melanie Nipper v. Walton County, Florida, a political etc.
District Court of Appeal of Florida
1Opinion of the CourtOsterhaus, J.
James and Melanie Nipper appeal an order permanently enjoining them from operating a skydiving business on their 290-acre farm in Walton County. After the Nippers won a zoning enforcement case initiated by Walton County before the county code enforcement board, the County sought and received a permanent injunction in circuit court to halt the business. The Nippers appealed and we now reverse. An injunction is available to enforce local zoning regulations where there is a “clear legal right” to the relief. In this case, the County didn’t demonstrate a clear legal right to enjoin the Nippers’…
2Cases cited7 opinions
- Smith v. Coalition to Reduce Class SizeSupreme Court of Florida · 2002
- Department of Community Affairs v. MoormanSupreme Court of Florida · 1995
- Kirby v. City of ArcherDistrict Court of Appeal of Florida · 2001
- Eastern Federal v. State Office SupplyDistrict Court of Appeal of Florida · 1994
- Metropolitan Dade County v. O'BRIENDistrict Court of Appeal of Florida · 1995
2 more not listed; retrieve them via the Exa API.
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