BURSTYN v. CITY OF MIAMI BEACH

No. 84-515-Civ.

663 F.Supp. 528 (1987)

Judah BURSTYN, Efraim Burstyn, Adele Burstyn, and Sam Burstyn, Plaintiffs, v. CITY OF MIAMI BEACH, a Florida Municipal Corporation, Defendant.

United States District Court, S.D. Florida, Miami Division.

June 12, 1987.


Attorney(s) appearing for the Case

Peter M. Siegel, and Randall C. Berg, Jr., Florida Justice Institute, Inc., Miami, Fla., for plaintiffs.

Greg M. Gaebe, Gaebe & Murphy, Coral Gables, Fla., for defendant.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

JAMES LAWRENCE KING, Chief Judge.

At issue in this non-jury trial are five provisions of the Miami Beach Zoning Ordinance that regulate adult congregate living facilities (ACLFs). The plaintiffs allege that the provisions are arbitrary, capricious, and unreasonable, and that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. They seek declaratory...

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