Nostimo, Inc. v. City of Clearwater

How courts have described this case

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

• concluding that “trial court was correct in finding the Clearwater City Code section constitutional on its face”
• holding that use of property was compatible with surrounding or adjacent uses because it was a permitted use under the zoning code
• stating that portion of city code permitting conditional use approval only if use was “compatible” with surrounding area was not facially unconstitutional
• holding review of denial of zoning variance was properly brought as a declaratory judgment action in circuit court rather than by certiorari, where action was challenging not only the application of a zoning code section but also its very validity or constitutionality
• “[E]ven though the code section may be constitutional on its face, it may still be unconstitutional as-applied for denying appellant substantive due process.”

Source: CourtListener parenthetical corpus (CC0).