In Powell v. City of Sarasota, here's the link, http://www.2dca.org/opinion/September%2013,%202006/2D05-4850.pdf, the Second DCA held that a nuisance abatement board violated the law by not permitting a defence of race-based selective enforcement, and that the Circuit Court violated the essential requirements of law in not overturning on that basis.
While the court cited the statute, which requires that a defendant be permitted the opportunity to present evidence in defense, this is clearly a due process requirement as well.
Saturday, November 18, 2006
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