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SCHWARZ v. CITY OF TREASURE ISLAND

No. 07-14761.

544 F.3d 1201 (2008)

Matthew SCHWARZ, Gulf Coast Recovery, Inc., a Florida corporation, Plaintiffs-Defendants-Cross-Claimants-Appellants, John Doe I, Jane Doe V, anonymous individuals, Plaintiffs-Appellants, v. CITY OF TREASURE ISLAND, Defendant-Plaintiff-Cross-Defendant-Appellee, City of Treasure Island Code Enforcement Board, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 8, 2008.

Attorney(s) appearing for the Case

Ethan J. Loeb, David Smolker, Bricklemyer, Smolker & Bolves, P.A., Tampa, FL, for Appellants.

Jean-Paul Daigneault, James L. Yacavone, III, Frazer, Hubbard, Brandt, Trask & Yacavone, LLP, Dunedin, FL, for Appellees.

John P. Relman, Relman & Associates, Washington, DC, for Amicus Curiae.

Before CARNES and MARCUS, Circuit Judges, and DUBOSE, District Judge

MARCUS, Circuit Judge:

Gulf Coast Recovery, Inc. and its principal, Matthew Schwarz, operate six halfway houses for recovering substance abusers in the City of Treasure Island, Florida. Following complaints from neighbors about excessive noise, constant turnover, and the use of the properties for recovering addicts, the City investigated one of the houses and cited Schwarz for violating a City zoning ordinance that limited occupancy turnover. The City's Code Enforcement...

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