United States Eleventh Circuit
Young Apts., Inc. v. Town of Jupiter, Florida, 07-12076
In an action brought by an apartment complex owner claiming that the purpose behind a Florida town's enactment and enforcement of an "Overcrowding Ordinance" was to reduce the growing population of Hispanic immigration residents by targeting landlords who provide affordable housing to them, judgment dismissing plaintiff's equal protection claims against the town and its officials is reversed and remanded where: 1) plaintiff satisfied the requirements for asserting third-party standing; and 2) the district court erred in finding that plaintiff's complaint failed to state a cause of action against town officials in their individual capacities. However, dismissal of plaintiff's breach of contract claims against the town based on allegations of a negotiated agreement is affirmed where, under Florida law, a town can neither waive nor contract away its police powers.
Appellate Information
- Decided 06/05/2008
- Published 06/05/2008
Judges
- TRAGER, District Judge:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- William P. Tedards, Jr., Washington, DC, for Young Apartments, Inc.
- For Appellees:
- George P. Roberts, Jr., Roberts, Reynolds, Bedard & Tuzzio, P.A., West Palm Beach, FL, Onier Llopiz, Alan S. Feldman, Stephen Hunter Johnson, Joan Carlos Wizel, Lydecker, Lee, Behar, Berga & de Zayas, LLC, Miami, FL, for Defendants-Appellees.