CITY OF SARASOTA v. 35 S. LEMON INC.

No. 97-05428

722 So.2d 268 (1998)

CITY OF SARASOTA, a municipal corporation, Appellant, v. 35 S. LEMON, INC., David Venafro, and Michael Venafro, Appellees.

District Court of Appeal of Florida, Second District.

December 18, 1998.


Attorney(s) appearing for the Case

Michael S. Perry of Taylor, Lawless and Singer, P.A., Sarasota, for Appellant.

No appearance for Appellees.


PARKER, Chief Judge.

The City of Sarasota (the City) appeals the partial final summary judgment in favor of 35 S. Lemon, Inc., David Venafro, and Michael Venafro (appellees). The trial court determined that the City's Permitting Ordinance and Noise Ordinance were not enacted properly because the ordinances regulated land development and were subject to review by the City's local planning agency. We conclude that the Noise Ordinance regulates conduct and is not subject...

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