Showing posts with label nuisance abatement. Show all posts
Showing posts with label nuisance abatement. Show all posts

Saturday, November 18, 2006

Facially Valid Equal Protection Claims Must be Heard in Enforcement Proceedings

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.