LEESBURG HUMANE SOCIETY, INC., APPELLANT,
v.
WILLIAM C. KAUFFMAN, APPELLEE
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The Leesburg Humane Society appealed a temporary injunction that halted all improvements to its property while setback zoning variances were litigated. The court affirmed the injunction's entry as meeting legal criteria but found it overbroad, requiring modification to permit lawful improvements unrelated to the challenged variances.
The court affirmed the entry of the temporary injunction as meeting legal criteria for such orders, but held it was overbroad because it prohibited improvements unrelated to the setback variance dispute. The court remanded for amendment to allow lawful improvements not dependent on the variances.
[1] A temporary injunction may be granted if it meets the established legal criteria for such orders.
[2] An injunctive order should not be broader than necessary to provide relief warranted by the circumstances of the case.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the order is overbroad because, except for any question as to the validity of the setback variances, the use of the property for an animal shelter is not in issue”
Establishes the court's rationale for finding the injunction too broad—only the variances are disputed, not the shelter use itself.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Leesburg Humane Society obtained setback variances from the Lake County Board of Zoning Appeals for its animal shelter property. William Kauffman …
The full statement of facts, procedural history, and disposition for this case are member content.
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ORFINGER, Judge.
Appellee is contesting setback variances granted to appellant by the Lake County Board of Zoning Appeals and prevailed below in securing a temporary injunction which enjoins appellant “from making or continuing to make any further improvements ...” to its property pending the outcome of the litigation. We affirm the entry of the temporary injunction because it meets the criteria for entry of such orders set forth in cases such as Satellite Development Corp. v. Tortoise Island Homeowner’s Association, Inc., 487 So. 2d 1157 (Fla. 5th DCA 1986); Florida Land Company v. Orange County, 418 So. 2d 370 (Fla. 5th DCA 1982); Graham v. Edwards, 472 So. 2d 803 (Fla. 3d DCA 1985), review denied, 482 So. 2d 348 (Fla.1986). Nevertheless, in enjoining any further improvements to appellant’s property, the order is overbroad because, except for any question as to the validity of the setback variances, the use of the property for an animal shelter is not in issue. See Clark v. Allied Associates, Inc., 477 So. 2d 656 (Fla. 5th DCA 1985) (“An injunctive order should never be broader than is necessary to secure the injured party, without injustice to the adversary, relief warranted by the circumstances of the particular case. The order should be adequately particularized, especially where some activities may be permissible and proper.”).
We therefore remand the case to the trial court with directions to amend the temporary injunction in such manner as will not prohibit the appellant from making lawful improvements to its property which do not rely on the setback variances, pending the ultimate outcome of the litigation.
AFFIRMED in part and REMANDED.
DAUKSCH, J., and McNULTY, J.P., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. Wiker, 192 So. 3d 603 (Fla. 2d DCA 2016)…The appellate court determined that the injunction was over-broad because it prohibited “all radio transmissions, regardless of whether they interfered with the [neighbors’] electronic devices.” Id. And, in Leesburg Humane Society, Inc. v. Kauffman, 546 So. 2d 1161 (Fla. 5th DCA 1989), involving an action contesting setback variances, a temporary injunction prohibited the appellant from making any further improvements on his property pending completion of the litigation. The Fifth District determined that the…
Authorities Cited
- Graham v. Edwards, 472 So. 2d 803 (Fla. 3d DCA 1985)
- Fla. Land Co. v. Orange Cnty., 418 So. 2d 370 (Fla. 5th DCA 1982)
- Clark v. Allied Assocs., Inc., 477 So. 2d 656 (Fla. 5th DCA 1985)
- Satellite Dev. Corp. v. Tortoise Island Homeowner's Ass'n, Inc., 487 So. 2d 1157 (Fla. 5th DCA 1986)