INN. MOTOR LODGE v. CITY, NEW SMYRNA BEACH

No. 83-921.

460 So.2d 379 (1984)

INNKEEPERS MOTOR LODGE, INC., a Georgia Corporation, Appellant, v. CITY OF NEW SMYRNA BEACH, Etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 11, 1984.


Attorney(s) appearing for the Case

Thomas S. Hart of Thomas S. Hart, P.A., Daytona Beach, for appellant.

Margaret T. Brewer, New Smyrna Beach, for appellee.


SHARP, Judge.

Innkeepers Motor Lodge, Inc. (Innkeepers), appeals from a final judgment that upheld a density cap passed by the electorate of the City of New Smyrna Beach, Florida, in a special referendum election. We reverse because we find that the flat density cap, which cannot be justified by any particular study and which does not allow for the possibility of variance, is arbitrary and unreasonable.

In 1968, Innkeepers purchased a parcel of oceanfront...

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