United States Eleventh Circuit
DA Mortgage, Inc. v. City of Miami Beach, 05-12540
In case involving Miami Beach nightclub owner challenging the constitutionality of a noise ordinance that defendant city attempted to enforce against it, summary judgment for defendants is affirmed as the ordinance is constitutional and thus, plaintiff's substantive due process claim against the enforcement of the ordinance fails.
Appellate Information
- Decided 05/18/2007
- Published 05/18/2007
Judges
- FAY, Circuit Judge:, Before TJOFLAT, FAY and SILER, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Suzan Jon Jacobs, Levine & Partners, P.A., Mark David Greenberg, Carlton Fields, PA, Miami, FL, for Plaintiff-Appellant.
- For Appellees:
- Debora Jean Turner, Sheri Sacks, Miami Beach, FL, Robert A. Duvall, III, Susan Torres, Melinda S. Thornton, Asst. City Atty., Miami, FL, Roberto TomasDatorre, PA Dept. of Health, Harrisburg, PA, for Defendants-Appellees.