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Bochese v. Town of Ponce Inlet

Bochese v. Town of Ponce Inlet

United States Court of Appeals for the Eleventh Circuit

April 7, 2005, Decided ; April 7, 2005, Filed

No. 04-11542

Opinion

MARCUS, Circuit Judge:

Appellant Alfred L. Bochese brought this suit against the Town of Ponce Inlet ("the Town" or "Ponce Inlet") challenging, under 42 U.S.C. § 1983, the Town's rescission of a contract it had entered into with a private developer for the construction of an oceanfront condominium complex. In essence, Mr. Bochese claimed that rescinding the contract violated his First Amendment free speech, Fourteenth Amendment due process, Fourteenth Amendment equal protection, and Article I, § 10 contract rights. The district court granted summary judgment for the Town. It is from this judgment that Mr. Bochese now appeals. Although the parties have not raised the issue here, we are obliged to consider, sua sponte, the question of our subject matter jurisdiction to hear the case before us. After thorough review, we conclude that Mr. Bochese lacks constitutional standing to challenge the [**2]  rescission of the contract between the Town and the developer, since he was neither a party to nor an intended beneficiary of that agreement, and therefore lacks a legally enforceable interest in that contract. In short, we do not have the power to entertain the appeal.

The essential facts are these. Appellant Bochese has owned a single-family residence on an oceanfront lot in the Town of Ponce Inlet since at least November 8, 1983. Ponce Inlet, an incorporated municipality, was originally chartered in 1963, at which time its charter contained no zoning provisions. Over time, the Town enacted various zoning regulations; the following chronology highlights those salient to this case.

In 1983, the Town Council, Ponce Inlet's governing body, proposed an amendment to the Town Charter to establish a maximum height of 35 feet for all buildings. The amendment was approved by referendum in the Town's November election, and the Town Charter was amended to contain the provision: "Buildings within the Town of Ponce Inlet shall be limited to a maximum height of thirty-five (35) feet." This amendment contained no exemptions to or exclusions from the 35-foot height limit. R. 93, Ex. 58.  [**3]  1

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405 F.3d 964 *; 2005 U.S. App. LEXIS 5614 **; 18 Fla. L. Weekly Fed. C 395

ALFRED L. BOCHESE, Plaintiff-Appellant, versus TOWN OF PONCE INLET, a municipal corporation organized under the laws of the State of Florida, Defendant-Appellee.

Subsequent History: US Supreme Court certiorari denied by Bochese v. Ponce Inlet, 2005 U.S. LEXIS 5765 (U.S., Oct. 3, 2005)

Prior History:  [**1]  Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 02-01253-CV-ORL-28-JGG.

Bochese v. Town of Ponce Inlet, 267 F. Supp. 2d 1240, 2003 U.S. Dist. LEXIS 10418 (M.D. Fla., 2003)

Disposition: AFFIRMED.

CORE TERMS

Fourth Contract Amendment, third party, zoning, rescission, building height, charter, parties, feet, district court, Ordinance, height, properties, summary judgment, down-zoning, rights, intended beneficiary, sole discretion, closing date, rezoned, contracting parties, injury in fact, third person, allegations, condominium, addendum, maximum, removal, amend, subject matter jurisdiction, protected interest

Civil Procedure, Justiciability, Standing, General Overview, Constitutional Law, Case or Controversy, The Judiciary, Preliminary Considerations, Case & Controversy Requirements, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Limited Jurisdiction, Elements, Appeals, Standards of Review, De Novo Review, Summary Judgment Review, Standards of Review, Discovery, Methods of Discovery, Summary Judgment, Burdens of Proof, Entitlement as Matter of Law, Genuine Disputes, Supporting Materials, Discovery Materials, Judgments, Record on Appeal, Governments, Courts, Court Records, Federal & State Interrelationships, Erie Doctrine, Third Party Standing, Business & Corporate Compliance, Contracts Law, Standards of Performance, Creditors & Debtors, Contracts Law, Third Parties, Beneficiaries, Claims & Enforcement, Types of Third Party Beneficiaries, Creditors, Donees, Incidental Beneficiaries, Intended Beneficiaries, Contract Interpretation, Intent, Injury in Fact