First Assembly of God of Naples, Florida, Inc. v. Collier County

20 F.3d 419
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 5, 1994
DocketNo. 93-2399
StatusPublished
Cited by15 cases

This text of 20 F.3d 419 (First Assembly of God of Naples, Florida, Inc. v. Collier County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Assembly of God of Naples, Florida, Inc. v. Collier County, 20 F.3d 419 (11th Cir. 1994).

Opinion

DUBINA, Circuit Judge:

First Assembly of God (“First Assembly”) appeals from the district court’s grant of summary judgment in favor of Collier County, Florida (“the County”). Specifically, First Assembly claims that the enactment of a local zoning ordinance violated its rights to procedural due process and free exercise of religion. We hold that the County’s zoning laws did not violate First Assembly’s constitutional rights of due process or free exercise of religion; therefore, we affirm the district court’s grant of summary judgment for the County.

I. FACTS

First Assembly is a Christian church affiliated with the Assemblies of God of the United States, and located in Naples, Florida. First Assembly was established in 1956 when unincorporated Collier County imposed no zoning ordinances. In 1982, Collier County adopted Zoning Ordinance 82-2, which imposed zoning regulation on all of the unincorporated County. Pursuant to Ordinance 82-2, First Assembly was zoned RMF-6. An RMF-6 district is a multi-family residential district that also permits a number of community uses, including churches and their “customary accessory uses.”

In 1985, First Assembly decided to build a new structure on its property, and received permission for the construction. The new building was primarily used as a day care center. In 1989, due to community need, First Assembly converted the building into a homeless shelter. Subsequently, the people of Naples became concerned about the problem of the homeless in their community. The record indicates that homeless people had taken up residence in vacant lots, where the living conditions were unsanitary. As a result, there was great community distress over both health and safety concerns. First Assembly’s shelter was, no doubt, seen as part of the problem.

In April of 1991, a county official charged that First Assembly’s homeless shelter violated several zoning ordinances. These alleged violations of the local zoning ordinances were adjudicated by the Collier County Code Enforcement Board (“CEB”). The CEB held five hearings on the matter and ultimately concluded that First Assembly was operating its homeless shelter in violation of several zoning ordinances. The CEB determined that the shelter was not a “customary accessory use” of the church and that the applicable housing and zoning codes did not permit the shelter space to be used as a residence for such a large number of people. In addition, the CEB found that First Assembly had not applied for a provisional permit to maintain a homeless shelter on its premises. Thus, First Assembly was required to close the shelter within three days, or pay a fine of $250 per day for each day that the shelter remained open. The shelter is now closed.

II. PROCEDURAL HISTORY

First Assembly, the individual plaintiffs, and the class representatives brought suit against Collier County. Asserting irreparable harm- attendant to the loss of the shelter, the plaintiffs sought an ex parte temporary [421]*421restraining order and a preliminary injunction, as well as permanent injunctive relief.

The temporary restraining order and preliminary injunction were denied, and a renewed motion for a temporary restraining order was filed. The district court held a non-evidentiary hearing and denied the motion. In addition, the court converted the County’s motion to dismiss into a motion for summary judgment and ordered First Assembly to show cause why judgment for .the defendants should not issue.

The district court held a hearing on the motion for summary judgment; it then assigned the case to a magistrate judge, who issued a report and recommendation. The district court adopted the magistrate judge’s report and recommendation and granted summary judgment for the County. First Assembly then perfected this appeal.

III. STANDARD OF REVIEW

A district court’s grant of summary judgment is an issue of law to be reviewed de novo. RJR Nabisco, Inc. v. United States, 955 F.2d 1457, 1459 (11th Cir.1992). “The ‘purpose of summary judgment is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.’ ” Wouters v. Martin County, Fla., 9 F.3d 924, 928 (11th Cir.1993), quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Summary judgment is appropriate if no genuine issue of material fact exists, and if the moving party is entitled to judgment as a matter of law. Id.

IV. DISCUSSION

A. Procedural Due Process

First Assembly contends that it was denied procedural due process in the enactment of the zoning laws and in the County’s failure to codify those laws annually as required under Florida law.1 § 125.66 Fla.Stat.;2 § 125.68 Fla.Stat.3 First Assembly’s argument is not persuasive; while the County’s actions may constitute violations of state law, it does not follow that such violations implicate the federal Constitution.

Construing the facts in the light most favorable to the non-movant, one can assume that the County did not follow proper procedures both in passing the ordinances and in subsequently failing to codify them. Thus, [422]*422the central focus of our inquiry must be whether such a procedural failure rises to the level of a federal constitutional' violation. The district court discussed this precise issue in its order denying the motion for a preliminary injunction. First Assembly of God v. Collier County, 775 F.Supp. 383, 388 (M.D.Fla.1991) (Hodges, J.). The district court’s analysis in that opinion is sound, and is accordingly adopted by this court. The district court first noted that in order to demonstrate a violation of procedural due process, First Assembly must show: (1) that it has a liberty or property interest that was interfered with by the state; and (2) that the state failed to use “constitutionally sufficient procedures”'in interfering with that interest. Id.

Whether First Assembly has a protectable property interest is a matter of state law. Cleveland Board of Education v. Loudermill, 470 U.S. 532, 538, 105 S.Ct. 1487, 1491, 84 L.Ed.2d 494 (1985). Under Florida law, procedural due process attaches to zoning actions which alter the manner in which a property owner can use his or her land. First Assembly, 775 F.Supp. at 389; Gulf & Eastern Development Corporation v. City of Fort Lauderdale, 354 So.2d 57, 59 (Fla.1978). Thus, First Assembly has met the first prong of the procedural due process analysis.

, However, it is in the second prong of the analysis where First Assembly comes up short:

What [First Assembly has] not made clear, however, is that the process afforded them in the enactment of the challenged zoning ordinances was insufficient under the federal Constitution.

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Bluebook (online)
20 F.3d 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-assembly-of-god-of-naples-florida-inc-v-collier-county-ca11-1994.