DAMON W. GROVER AND EUNA L. GROVER, HIS WIFE, PETITIONERS,
v.
GUY A. VAN HEUSDEN, JOHN T. KABBOORD, FLORIDA COAST ENTERPRISES, INC., A FLORIDA CORPORATION, AND OCEAN REALTY COMPANY, A FLORIDA CORPORATION, RESPONDENTS

Fla. | 1958-04-16
TERRELL, C. J., and THOMAS, HOBSON, THORNAL and O’CONNELL, JJ., concur.
102 So. 2d 132 Florida Supreme Court (1958) Negative Treatment
Cited by 38 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certiorari is granted, and the challenged order is quashed, on authority of Kislak v. Kreedian, Fla., 95 So.2d 510.

TERRELL, C. J., and THOMAS, HOBSON, THORNAL and O’CONNELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (38 total)

  • Renard v. Dade Cnty., 261 So. 2d 832 (Fla. 1972)
    …Fla.1956, 93 So. 2d 86; Josephson v. Autrey, Fla. 1957, 96 So. 2d 784. In other words, we hold special damage must he shown when a taxpayer or property owner seeks to enjoin the violation of an existing ordinance [i. e. Boucher v. Novotny, Fla.1958, 102 So. 2d 132; Conrad v. Jackson, Fla.1958, 107 So. 2d 369], but need not be shown if the taxpayer or property owner is within the affected range of the property which requires actual notice before the rezoning made may be considered by the legislative body [Hart…
    1 / 4
  • Elwyn v. City OF Miami, 113 So. 2d 849 (Fla. 3d DCA 1959)
    …ition for rehearing appel-lees Elgene, Inc. and Loi set forth a number of grounds including the suggestion that in holding the adjoining property holders were entitled to bring the suit this court overlooked the case of Boucher v. Novotny, Fla.1958, 102 So. 2d 132, 135. That case was not applicable here because of material difference in the factual situations presented in the two cases. The Novotny case dealt with a violation of a municipal zoning ordinance. The suit there was one by a nearby home owner to e…
  • …different both in kind and degree from that suffered by the public at large. 59 Fla. at 451, 52 So. at 804. The rule has been extended to taxpayer’s suits, Rickman v. Whitehurst, 73 Fla. 152, 74 So. 205 (1917), and zoning suits, Boucher v. Novotny, 102 So. 2d 132 (Fla.1958). The rule is not absolute, however, and exceptions to it have been carved out by both this Court and the legislature. See State ex rel. Gardner v. Sailboat Key, Inc., 295 So. 2d 658 (Fla. 3d DCA 1974) (individual may bring action, in name…

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