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CITY OF BOCA RATON v. BOCA VILLAS CORP.

No. 76-2322.

371 So.2d 154 (1979)

CITY OF BOCA RATON, Appellant, v. BOCA VILLAS CORPORATION, a Florida Corporation, and Samuel Fletcher, Trustee, and Keating-Meredith Properties, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 25, 1979.

Attorney(s) appearing for the Case

Gerald F. Richman and Bertha Claire Lee of Frates, Floyd, Pearson, Stewart, Richman & Greer, Miami, for appellant.

No appearance for appellees.

Stephen W. Metz, Tallahassee, for amicus curiae-Florida Home Builders Ass'n.

Duane Searles, Washington, D.C., for amicus curiae-National Ass'n of Home Builders.

Ronald A. Zumbrun, Thomas E. Hookano and Donald M. Pach, Sacramento, Cal., and William L. Earl of Peebles, Earl & Blank, Miami, for amicus curiae-Pacific Legal Foundation.

H.M. Madsen, of Mershon, Sawyer Johnston, Dunwody & Cole, Miami, for intervenor-Arvida.

PER CURIAM.

The City of Boca Raton amended its charter by the initiative and referendum method to establish a maximum number of dwelling units allowable within the city. This zoning device is commonly referred to as placing a "cap" on density, and the parties here refer to this amendment as the "cap". This charter amendment was implemented by ordinances reducing the density in single and multi-family residential zoning classifications.

The charter amendment...

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