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Gerald Gaglilardi, Et Alv.City Of Boca Raton Florida, Et Al

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.17-11820
DecidedMay 7, 2018
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilConstitutional LawFirst AmendmentFederal JurisdictionMootnessAppellate Procedure
Case Summary

Residents and taxpayers challenged Boca Raton’s zoning changes and approval of a religious center, alleging violations of the Establishment Clause, due process, equal protection, and state law. They sought declaratory and injunctive relief based on expected traffic, flooding, neighborhood changes, and the alleged use of public resources for the project. During the litigation, a Florida state court invalidated the project approval because the proposed religious center included a museum not permitted by the zoning code, and the city later restricted comparable height variances. The Eleventh Circuit assumed for purposes of analysis that the plaintiffs initially had standing but held that the case had become moot. The challenged project could no longer be built, and the complaint identified no concrete likelihood of a new project presenting the same controversy. A request for declaratory relief could not revive an otherwise nonjusticiable dispute. The court affirmed the dismissal for lack of a live case or controversy.

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Gerald Gaglilardi, Et Al V. City Of Boca Raton Florida, Et Al — The Atlanta Gleaner