John J. Deal v. Walter J. Migoski

This action for declaratory decree and injunctive relief was brought by the appellants herein in an attack on a zoning ordinance of the defendant municipality. From an adverse final decree, they have perfected this appeal. The complaint below consisted of two counts, one attacking the validity of the ordinance as applied to all properties within the municipality, and the other attacking the zoning ordinance as applied to a particular portion of the property owned by the appellants. In their complaint they allege, among other things, that they are the fee simple owners of certain real estate lying and being within the corporate limits of Lake Clarke Shores, Florida, and more particularly described as: Lots 2 and 3, Block 6, Addition No. 1, Fla-Mango Grovelets, according to the Plat thereof on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida; they further allege that the municipal corporation was organized on April 16, 1956; that the territory prior to April 16, 1956, was a part of the unincorporated area of the county; that on that date, i.e., April 16, 1956, the territory was incorporated and existed as a municipal corporation known as the Town of Lake Clarke Shores; that under the terms of Chapter 57-1478, Laws of Florida, effective July 1, 1957, it was provided that the Town of Lake Clarke Shores, Florida, be organized and established, providing further that the ordinances of the former Town of Lake Clarke Shores should remain the ordinances of the new town; that on November 12, 1956, pursuant to "Ordinance No. 8," the land was limited and restricted within the towns corporate limits to the following: