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Developer submits a development proposal to the City. The City amends its zoning ordinance so that the proposal is out of compliance. Developer submits a second proposal to the City. The City amends its zoning ordinance again…taking the second proposal out of compliance.
Was the Developer upset? Oh yeah. Developer sued and won an injunction preventing the City from enforcing the amended zoning ordinance. The City challenged the injunction, arguing that a court cannot enjoin the city from enforcing a duly enacted ordinance. The appellate court agreed, ruling that the Developer did not have a clear right to injunctive relief, as the City could not be estopped from amending its zoning laws.
Moral: If you think they're out to get you, they probably are. City of Miami Beach v. South Beach Ocean Parcel, Ltd., 1998 WL 842790 (Fla. 3DCA 1998) (opinion subject to revision). |
