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CITY OF WEST PALM BEACH, INC. v. HAVER

No. SC20-1284.

330 So.3d 860 (2021)

The CITY OF WEST PALM BEACH, INC., Petitioner, v. Peter M. HAVER, et al., Respondents.

Supreme Court of Florida.

September 30, 2021.

Attorney(s) appearing for the Case

Kenneth B. Bell , Joseph W. Jacquot , and Lauren V. Purdy of Gunster, Yoakley & Stewart, P.A., Tallahassee, Florida; and Kimberly L. Rothenburg , City Attorney, and K. Denise Haire , Assistant City Attorney, West Palm Beach, Florida, for Petitioner.

Peter M. Haver, pro se, West Palm Beach, Florida, for Respondents.

Ashley Moody , Attorney General, Amit Agarwal , Solicitor General, James H. Percival , Chief Deputy Solicitor General, and Evan Ezray , Deputy Solicitor General, Tallahassee, Florida, for Amicus Curiae State of Florida.

Kraig Conn and Rebecca O'Hara of Florida League of Cities, Tallahassee, Florida, and Edward G. Guedes of Weiss, Serota, Helfman, Cole & Bierman, P.L., Coral Gables, Florida, for Amici Curiae Florida League of Cities, City of Aventura, Town of Cutler Bay, and Village of Pinecrest.

Frances Guasch De La Guardia and Suzanne M. Aldahan of Holland & Knight LLP, Miami, Florida, and Miriam Soler Ramos , City Attorney, Coral Gables, Florida, for Amicus Curiae City of Coral Gables.

Frank A. Shepherd of Gray Robinson, P.A, Miami, Florida, Victoria Méndez , City Attorney, John A. Greco , Deputy City Attorney, and Kerri L. McNulty , Senior Appellate Counsel, on behalf of City of Miami, Miami, Florida, and Sonja Dickens , Chairperson, City Attorney's Committee, on behalf of Miami-Dade League of Cities, Miami Gardens, Florida, for Amici Curiae City of Miami and Miami-Dade League of Cities.

In this certified conflict case we consider the availability of an injunction compelling a city to enforce a zoning ordinance against a third party.1

I.

Peter and Galina Haver live in a City of West Palm Beach neighborhood zoned as single-family, low density residential. The Havers are...

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