CAROL ANN JACOBS, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF WOODROW BERNARD JACOBS, APPELLANT,
v.
SIMS CRANE SERVICE, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1973-04-13
No. 72-348
REED, C. J., and OWEN and MAGER, JJ., concur.
276 So. 2d 491 Florida District Court of Appeal, Fourth District (1973) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Miami Roofing & Sheet Metal Co. v. Kindt, Fla.1950, 48 So.2d 840; Rainbow Poultry Co. v. Ritter Rental System, Inc., Fla.1962, 140 So.2d 101; Smith v. Poston Equipment Rentals, Fla.App.1958, 105 So.2d 578; Michaels v. United States Fidelity & Guaranty Co., Fla.App.1961, 129 So.2d 427; Carter v. Sims Crane Service, Inc., Fla.1967, 198 So.2d 25; Kolarik v. Rodgers Bros. Service, Inc., Second District Court of Appeal, 268 So.2d 187, opinion filed November 1, 1972; McCollum v. Smith, 9 Cir. 1964, 339 F.2d 348; New York Central R. Co. v. Northern Ind. Pub. Serv. Co., 1966, 140 Ind.App. 79, 221 N.E.2d 442; Nyman v. MacRae Brothers Construction Co., 1966, 69 Wash.2d 285, 418 P.2d 253.

REED, C. J., and OWEN and MAGER, JJ., concur.


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  • …ged zoning violation existed, whereas, in Boucher and Continental Con-Dev the property of the respective plaintiffs was sufficiently removed from the area in which the violations were occurring. Carroll v. City of West Palm Beach, Fla.App.4th, 1973, 276 So. 2d 491. More recently, the Third District Court of Appeal held that adjacent landowners across a waterway from an island had standing to maintain an action to enjoin claimed zoning violations arising out of the construction of two-story parking garages whi…
  • Robert L. Kagan, M.D. v. West, 677 So. 2d 905 (Fla. 4th DCA 1996)
    …ce where he or she proves special damages differing in kind from the damages suffered by the community as a whole. See Renard v. Dade County, 261 So. 2d 832 (Fla.1972); Boucher v. Novotny, 102 So. 2d 132 (Fla.1958); Carroll v. City of W. Palm Beach, 276 So. 2d 491 (Fla. 4th DCA 1973). In explaining the “special damages” exception, our supreme court stated: An aggrieved or adversely affected person having standing to sue is a person who has a legally recognizable interest which is or will be affected by the a…
  • Chapman v. Town of Redington Beach, 282 So. 3d 979 (Fla. 2d DCA 2019)
    …t too far off from those here—involving claims by an adjacent landowner alleging a zoning violation—the Fourth District held that a plaintiff's allegations of injury were sufficient to demonstrate standing. In Carroll v. City of West Palm Beach, 276 So. 2d 491, 492 (Fla. 4th DCA 1973), the plaintiff alleged that the defendant installed high-voltage power lines on property adjacent to his in violation of a zoning ordinance. His complaint alleged that the lines "were hazardous, dangerous, unsightly, and…

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