· 8/8/1984
City of Pompano Beach v. Capalbo
Citations
- 455 So. 2d 468
- 9 Fla. L. Weekly 1716
- 1984 Fla. App. LEXIS 14607
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- striking ordinance which declared that it was “unlawful for any person to lodge or sleep in, on, or about any automobile” on public property as “both unconstitutionally vague and over-broad”
- statute forbidding lodging and sleeping in vehicles in public areas — with language virtually identical to that of Clearwater ordinance — unconstitutionally vague and overbroad because of sleeping language
- words in a statute should not be construed as surplusage if reasonable construction which will give them some force and meaning is possible
- “Because a municipal council, like the legislature, would not knowingly enact an unconstitutional measure, appellate courts will indulge every reasonable presumption in favor of an ordinance’s constitutionality.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Glickstein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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