Sunny Isles Beach v Temple B’Nai Zion

Court Of Appeal of Florida, Third District, 3D10-1137, Sept. 8, 2010: Allows a city’s designation of a property as a historic site to stay in place while the owner litigated the designation, thereby reversing a trial court’s order enjoining the designation. “The [trial court's] Order does not show that immediate and irreparable injury will result if the injunction is not entered”. The Historical Preservation Board of the City of Sunny Isles Beach was planning to hold a hearing to vote on whether to designate Temple B’Nai Zion a historic site, and “thereby thwart the Temple’s plans for demolition and expansion”. The City refused the request of the Temple to participate in nonbinding mediation to resolve the dispute. The Temple then obtained an order from a trial court to show cause why that court should not issue a writ of mandamus and the court also issued the injunction.

The text of the decision is available at http://www.3dca.flcourts.org/opinions/3D10-1137.pdf.

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