City of Cocoa Beach v. Fountain
City of Cocoa Beach v. Fountain
Opinion of the Court
Petitioner seeks review of an order that reversed the decision of its Code Enforcement Board (“the Board”). The Board determined that Respondents violated two distinct city ordinances by parking a large sailboat on property zoned for residential use. In reversing the decision of the Board, the lower court addressed one of the potential violations
Respondents postulate that the lower court must have determined that the object in question is not a “boat,” because it is under construction and not yet completed. To reach such a conclusion, however, the lower court would have departed from its permissible standard of review by invading the fact-finding province of the Board and applied an incorrect legal standard in its construction of the ordinance. Accordingly, we quash the decision under review.
PETITION GRANTED; ORDER QUASHED.
. Cocoa Beach, Fla., Code § 15-23.1 (2010).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.