Mangum v. Board of County Commissioners of Brevard County
202 So. 2d 207, 1967 Fla. App. LEXIS 4278 (1967)
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Rule of Law:
The open, public, repeated, and intentional violation of a valid zoning ordinance constitutes a public nuisance per se, which may be enjoined by a court without additional proof that the prohibited activity is a nuisance in fact (e.g., a health or safety hazard), particularly when an enabling statute specifically authorizes injunctive relief for such violations.
Facts:
- Pursuant to a special act of the Florida Legislature, the Board of County Commissioners of Brevard County adopted zoning regulations that applied to lands owned by the defendants (Mangum).
- The zoning regulations prohibited the operation of a junk yard on the Mangums' property.
- The Mangums applied to the County for a special use permit to operate a junk yard on their property, but their application was denied.
- Despite the denial, the Mangums began operating a junk yard on the property, accumulating old vehicles, scrap metal, and other debris.
- The Mangums also applied for a permit to erect a building on the property, which the County denied.
- Notwithstanding the denial, the Mangums erected the building and also moved a house trailer onto the property, using both in conjunction with the junk yard.
Procedural Posture:
- The Board of County Commissioners of Brevard County sued the Mangums in the Florida trial court, seeking a permanent injunction.
- The trial court denied the Mangums' motion to dismiss the County's second amended complaint.
- The Mangums filed an interlocutory appeal of the denial, which the appellate court affirmed.
- The case proceeded to a trial on the merits.
- The trial court entered a final decree granting a permanent injunction in favor of the County, restraining the Mangums' operation of the junk yard and compelling removal of the building and house trailer.
- The Mangums (appellants) appealed the trial court's final decree to the District Court of Appeal of Florida, Fourth District.
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Issue:
Does the open, public, and persistent violation of a valid county zoning regulation constitute an enjoinable public nuisance, even without separate proof that the prohibited use is a nuisance in fact?
Opinions:
Majority - White, Joseph S., Associate Judge
Yes, the open, public, and persistent violation of a valid county zoning regulation constitutes an enjoinable public nuisance. The court held that under the specific enabling statute, Chapter 57-1162, the Board of County Commissioners has the explicit power to abate zoning violations through injunctions. Citing the precedent in Cotney v. Board of County Com’rs of Brevard County, which involved the same regulations, the court affirmed that this statutory power is sufficient to warrant an injunction. Furthermore, the court referenced the principle from Philbrick v. City of Miami Beach that any place where a public statute is 'openly, publicly, repeatedly, continuously, persistently and intentionally violated, is a public nuisance.' Therefore, the County was not required to prove the junk yard was a nuisance in fact (e.g., a haven for rodents); the intentional and continuous violation of the ordinance itself was sufficient legal grounds for the injunction.
Analysis:
This decision solidifies the power of local governments to enforce zoning ordinances through injunctive relief when authorized by statute. It establishes that the violation of the ordinance is, in itself, the public harm, obviating the need for the government to meet the traditional common law burden of proving that the land use is a nuisance in fact. This lowers the evidentiary bar for enforcement, making it significantly easier for municipalities to stop zoning violations. The ruling signals that courts will give significant deference to statutory enforcement mechanisms designed to maintain the integrity of a community's zoning plan.
