BURKE

v.

UNITED STATES

Citator

Cited By (16 total)

• Ammons v. Okeechobee Cnty., 710 So. 2d 641 (Fla. 4th DCA 1998)
  …rom pursuing a lawful occupation; it merely prevents the business from operating at a particular location. As stated in McKinney v. Pate, 20 F. 3d 1550, 1556 (11th Cir.1994)(en banc), cert. denied by McKinney v. Osceola County Bd. of County Comm’rs, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995): The substantive component of the Due Process Clause protects those rights that are “fundamental,” that is, rights that are “implicit in the concept of ordered liberty”.... [Ajreas in which substantive rights…
• Gardens Country Club, Inc. v. Palm Beach Cnty., 712 So. 2d 398 (Fla. 4th DCA 1998)
  …laim may be based upon the effect on the value of property of legislative determinations such as zoning. The County argues that under McKinney v. Pate, 20 F. 3d 1550 (11th Cir.1994), cert. denied by McKinney v. Osceola County Bd. of County Comm’rs, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995), Gardens does not have a constitutionally protected interest because its interest is one created by state law, namely a right to a zoning classification. Although the McKinney court determined that substantive…
• The City OF Pompano Beach v. Yardarm Rest., Inc., 834 So. 2d 861 (Fla. 4th DCA 2002)
  …v. Town of Longboat Key, 17 F. 3d 1374 (11th Cir.1994), and Corn v. City of Lauderdale Lakes, 771 F.Supp. 1557 (S.D.Fla.1991), are no longer good law, having been overturned by McKinney v. Pate, 20 F. 3d 1550 (11th Cir.1994)(en banc), cert. denied, 513 U.S. 1110, 115 S.Ct. 898, 130 L.Ed.2d 783 (1995), and Sullivan Prop., Inc. v. The City of Winter Springs, 899 F.Supp. 587 (M.D.Fla.1995). In the Reserve case,' the developer sued the Town of Longboat Key for revoking its building permit. On remand from the E…