Rosenbaum v. City of Miami

District Court of Appeal of Florida

Rosenbaum v. City of Miami

921 So. 2d 22, 2006 Fla. App. LEXIS 390, 2006 WL 120033

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 2006

DocketNo. 3D05-493

StatusPublished

This text of 921 So. 2d 22 (Rosenbaum v. City of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rosenbaum v. City of Miami, 921 So. 2d 22, 2006 Fla. App. LEXIS 390, 2006 WL 120033 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Affirmed. See Boucher v. Novotny, 102 So.2d 132, 135 (Fla.1958)(when an individual seeks to challenge government action on the basis that the action fails to comply with existing law and seeks redress, either preventive or corrective, of an alleged municipal ordinance violation, the individual must prove special damages to himself differing in kind, as distinguished from damages differing in degree suffered by the community). See also School Bd. of Volusia County v. Clayton, 691 So.2d 1066 (Fla.1997); Clay v. Monroe County, 849 So.2d 363 (Fla. 3d DCA 2003), rev. denied, 870 So.2d 820 (Fla.2004)(Table); Cap’s-On-The-Water, Inc. v. St. Johns County, [23]*23841 So.2d 507 (Fla. 5th DCA 2003); Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (Fla. 3d DCA 1995).

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PER CURIAM.

Affirmed. See Boucher v. Novotny, 102 So.2d 132, 135 (Fla.1958)(when an individual seeks to challenge government action on the basis that the action fails to comply with existing law and seeks redress, either preventive or corrective, of an alleged municipal ordinance violation, the individual must prove special damages to himself differing in kind, as distinguished from damages differing in degree suffered by the community). See also School Bd. of Volusia County v. Clayton, 691 So.2d 1066 (Fla.1997); Clay v. Monroe County, 849 So.2d 363 (Fla. 3d DCA 2003), rev. denied, 870 So.2d 820 (Fla.2004)(Table); Cap’s-On-The-Water, Inc. v. St. Johns County, [23]*23841 So.2d 507 (Fla. 5th DCA 2003); Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (Fla. 3d DCA 1995).

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921 So. 2d 22, 2006 Fla. App. LEXIS 390, 2006 WL 120033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenbaum-v-city-of-miami-fladistctapp-2006.

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