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RECTORY PARK, L.C. v. CITY OF DELRAY BEACH

No. 01-8569-Civ.

208 F.Supp.2d 1320 (2002)

RECTORY PARK, L.C., a Florida limited liability corporation, et al., Plaintiffs, v. CITY OF DELRAY BEACH, a Florida municipal corporation, Defendant, and Block 77 Development Group, L.C., a Florida limited liability corporation, Intervening Defendant.

United States District Court, S.D. Florida.

May 7, 2002.

Attorney(s) appearing for the Case

Charles L. Siemon, Todd George Messenger, Siemon & Larson, Boca Raton, FL, for Rectory Park, L.C., a Florida limited liability corporation, Sundy Estates LC, Salero Properties, Inc., Naupilus Ltd., Agama Path Inc., plaintiffs.

John Fletcher Romano, Romano Eriksen & Cronin, West Palm Beach, FL, Charles L. Siemon, Todd George Messenger, Boca Raton, FL, for The Dharma Foundation III, a Florida nonprofit corporation, plaintiff.

Henry B. Handler, William John Cornwell, Weiss & Handler, Boca Raton, FL, Susan Adeen Ruby, Jay Toivo Jambeck, Delray Beach City Attorney's Office, Delray Beach, FL, for City of Delray Beach, Florida, a Florida municipal corporation, defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT AS TO COUNTS II AND III OF THE PLAINTIFFS' COMPLAINT

HURLEY, District Judge.

This case presents the question whether the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge. The court concludes it does and, therefore, will grant the City's motion...

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