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Rosenbaum v. City of Miami

District Court of Appeal of Florida, Third District
Mar 7, 2006
921 So. 2d 22 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D05-493.

January 18, 2006. Rehearing Denied March 7, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Gisela Cardonne-Ely, Judge.

Shubin Bass, and Jeffrey Bass and Ava Borrasso, Miami, for appellant.

Greenberg Traurig, and Edward G. Guedes, Elliot J. Scherker and Paul R. Lipton, Miami; Nagin Gallop Figueredo, and Eva A. Boutsis, Miami, for appellees.

Before GERSTEN, SHEPHERD and ROTHENBERG, JJ.


Affirmed. See Boucher v. Novotny, 102 So.2d 132, 135 (Fla. 1958) (when an individual seeks to challenge government action on the basis that the action fails to comply with existing law and seeks redress, either preventive or corrective, of an alleged municipal ordinance violation, the individual must prove special damages to himself differing in kind, as distinguished from damages differing in degree suffered by the community). See also School Bd. of Volusia County v. Clayton, 691 So.2d 1066 (Fla. 1997); Clay v. Monroe County, 849 So.2d 363 (Fla. 3d DCA 2003), rev. denied, 870 So.2d 820 (Fla. 2004) (Table); Cap's-On-The-Water, Inc. v. St. Johns County, 841 So.2d 507 (Fla. 5th DCA 2003); Metropolitan Dade County v. P.J. Birds, Inc., 654 So.2d 170 (Fla. 3d DCA 1995).


Summaries of

Rosenbaum v. City of Miami

District Court of Appeal of Florida, Third District
Mar 7, 2006
921 So. 2d 22 (Fla. Dist. Ct. App. 2006)
Case details for

Rosenbaum v. City of Miami

Case Details

Full title:Cal B. ROSENBAUM, etc., Appellant, v. CITY OF MIAMI, etc., et al.…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 7, 2006

Citations

921 So. 2d 22 (Fla. Dist. Ct. App. 2006)