DA MORTGAGE, INC. v. CITY OF MIAMI BEACH

No. 05-12540.

486 F.3d 1254 (2007)

DA MORTGAGE, INC., A Florida Corporation, Plaintiff, 136 Collins Avenue, L.C., A Florida Corporation, Plaintiff-Appellant, v. CITY OF MIAMI BEACH, A Florida Municipal Corporation, Miami-Dade County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 18, 2007.


Attorney(s) appearing for the Case

Suzan Jon Jacobs, Levine & Partners, P.A., Mark David Greenberg, Carlton Fields, PA, Miami, FL, for Plaintiff-Appellant.

Debora Jean Turner, Sheri Sacks, Miami Beach, FL, Robert A. Duvall, III, Susan Torres, Melinda S. Thornton, Asst. City Atty., Miami, FL, Roberto Tomas Datorre, PA Dept. of Health, Harrisburg, PA, for Defendants-Appellees.

Before TJOFLAT, FAY and SILER, Circuit Judges.


FAY, Circuit Judge:

Appellant ("L.C."), a Miami Beach nightclub owner challenges the constitutionality of a Miami-Dade County ("County") noise ordinance that the City of Miami Beach ("City") attempted to enforce against the appellant. L.C. owns and operates Opium Garden, a 20,000 square-foot dance club that occupies the atrium of a two-story building at 136 Collins Avenue on Miami Beach. L.C. subleases the premises from DA Mortgage, Inc. ("DA Mortgage"), which holds...

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