Court: District Court of Appeal of Florida; May 12, 1983; Florida; State Appellate Court
The District Court of Appeal of Florida, in case 431 So.2d 283 (1983), addressed an appeal by the City of Kissimmee against a judicial order mandating the issuance of building permits and business licenses to Jack H. Ellis for the construction of a non-profit museum at his residence. The City denied the permits on the basis that the proposed museum would not qualify as a public museum since it was not owned by the city, despite the zoning ordinance allowing public museums as a permissible use. Ellis sought a declaratory judgment to affirm that his museum would meet the zoning criteria.
The court affirmed the lower court's order, rejecting the city's claim that it could operate a public museum while denying that right to others. The ruling cited precedents, emphasizing that the city's zoning ordinance did not prohibit museums outright but merely allowed certain types, thus making the city's selective denial arbitrary. The court drew parallels to previous cases where similar discriminatory zoning practices were deemed unreasonable, noting that there was no valid justification for treating private and public institutions differently under the zoning laws.
Appellee, the owner of a hotel, sought to establish various retail outlets, including a beachwear shop, clothing shop, jewelry shop, and coffee shop. The court referenced the case of Lear, arguing that there are no valid distinctions between different types of retail establishments, such as a millinery shop and a barbershop, in terms of their impact on public welfare. The court concluded that if no justifiable distinctions exist, the zoning restrictions imposed on appellee are discriminatory, unconstitutional, and void. Furthermore, zoning ordinances should pertain to the use of land rather than its ownership. The terms "public libraries," "public museums," and "public schools" in the zoning ordinance relate to the use of the facilities, indicating that appellee's privately owned and operated museum would qualify as a public museum as long as it is accessible to the public. The proposed museum would not be more detrimental to the surrounding community than a similar facility operated by a governmental entity. Consequently, the City of Kissimmee lacked the legal authority to prevent appellee from pursuing this use or to deny the necessary permits and licenses. The trial court's ruling in favor of appellee was affirmed, with concurrence from Chief Justice Orfinger and Judge Upchurch.
