Miami International Realty Co. v. Paynter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• zoning not necessarily legislative activity: if underlying purpose is general policy, zoning is legislative, but if action singles out specific individuals and affects them differently, zoning is administrative
• finding waiver of a statute of limitations defense where it was not asserted in the answer to the complaint and the defendants “offered no hint of the defense until the district court raised the issue sua sponte more than three years after the action was filed”
• “Since [statute of limitations] is a waiva-ble defense, it ordinarily is error for a district court to raise the issue sua sponte. Otherwise, the waiver aspect of Rule 8(c) would have little meaning.”

Source: CourtListener parenthetical corpus (CC0).