Narrative Opinion Summary
The trial court issued a temporary injunction against Consolidated Pre-Stressed Concrete, Inc. and F. Browne Gregg, prohibiting them from operating their concrete batch plant until they complied with certain permit requirements set by Volusia County. These requirements were based on the Land Development Code, Ordinance No. 88-3, and the Volusia County Zoning Ordinance No. 80-8. Upon review, the appellate court reversed the temporary injunction concerning Ordinance No. 88-3, noting that Volusia County's request for the injunction specifically targeted violations of the Zoning Ordinance and that the issues raised by the County regarding setbacks did not involve Ordinance No. 88-3. The court concluded that compliance with this ordinance was not a relevant issue in this case. Thus, the order was reversed as it related to the Land Development Code, while being affirmed in all other respects. The case was remanded for further proceedings.
Legal Issues Addressed
Appellate Review of Injunctionssubscribe to see similar legal issues
Application: The appellate court has the authority to reverse or affirm a trial court's injunction based on the relevance and applicability of the ordinances involved.
Reasoning: The court concluded that compliance with this ordinance was not a relevant issue in this case. Thus, the order was reversed as it related to the Land Development Code, while being affirmed in all other respects.
Relevance of Specific Ordinances in Injunctionssubscribe to see similar legal issues
Application: The appellate court found that an injunction cannot be based on irrelevant ordinances not involved in the issues raised by the complaint.
Reasoning: Upon review, the appellate court reversed the temporary injunction concerning Ordinance No. 88-3, noting that Volusia County's request for the injunction specifically targeted violations of the Zoning Ordinance and that the issues raised by the County regarding setbacks did not involve Ordinance No. 88-3.
Temporary Injunction Requirementssubscribe to see similar legal issues
Application: The trial court can issue a temporary injunction to enforce compliance with permit requirements as stipulated by local ordinances.
Reasoning: The trial court issued a temporary injunction against Consolidated Pre-Stressed Concrete, Inc. and F. Browne Gregg, prohibiting them from operating their concrete batch plant until they complied with certain permit requirements set by Volusia County.