UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
EDDIE MILTON GAREY, JR., A.K.A. MILES GAREY, A.K.A. MILTON GAREY, A.K.A. EDDIE GAREY, DEFENDANT-APPELLANT

11th Cir. | 2007-08-14
No. 05-14631
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
496 F.3d 1189 Court of Appeals for the Eleventh Circuit (2007) Caution
Cited by 63 cases

Opinion of the Court
BY THE COURT:

BY THE COURT: A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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Citator

Cited By (62 total)

  • Town OF Sw. Ranches v. Shahab Kalam, 980 So. 2d 1121 (Fla. 4th DCA 2008)
    …officials to ensure consistency with land use plans. Accepting Kalam’s allegations as true, Kalam has failed to offer persuasive authority holding that the officials’ conduct violates due process rights. See generally Griffin Indus., Inc. v. Irvin, 496 F. 3d 1189, 1209 (11th Cir.2007) (‘“When fact-specific precedents are said to have established the law, a case that is fairly distinguishable from the circumstances facing a government official cannot clearly establish the law for the circumstances facing that…
  • Pinellas Cnty. v. The Richman Grp. OF Fla., Inc., 253 So. 3d 662 (Fla. 2d DCA 2017)
    …" between Richman's amendment and its purported comparators. However, resident opposition, provided it is motivated by legitimate concerns, can provide a rational basis for a government's land use decision. See, e.g., Griffin Indus., Inc. v. Irvin, 496 F. 3d 1189, 1208 (11th Cir. 2007) ("In sum, the suggestion that the defendants violated the Equal Protection Clause by responding to the concerns of local citizens is, under these circumstances, without merit."); [*673] Corn v. City of Lauderdale Lakes, 997 F.…
  • Grider v. City OF Auburn, 618 F.3d 1240 (11th Cir. 2010)
    …laim, Plaintiffs must show they were intentionally treated differently from others who were “similarly situated” and that there is no rational basis for the difference in treatment. Olech, 528 U.S. at 564, 120 S.Ct. at 1074; Griffin Indus. v. Irvin, 496 F. 3d 1189, 1202 (11th Cir.2007). To be “similarly situated,” the comparators must be “ ‘prima facie identical in all relevant respects.’ ” Griffin, 496 F. 3d at 1204 (quoting Campbell v. Rainbow City, 434 F. 3d 1306, 1314 (11th Cir.2006)). The district cou…
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