Standard Oil Co. v. City of Tallahassee, Fla.

• Decision Date: 30 November 1949
• Docket Number: Civ. No. 235.
• Citation: 87 F. Supp. 145
• Parties: STANDARD OIL CO. v. CITY OF TALLAHASSEE, FLA.
• Court: U.S. District Court — Northern District of Florida

87 F. Supp. 145

STANDARD OIL CO. v. CITY OF TALLAHASSEE, FLA.

Civ. No. 235.

United States District Court N. D. Florida, Tallahassee Division.

November 30, 1949.

Ausley, Collins & Truett, Tallahassee, Fla., for plaintiff.

James Messer, Jr., City Attorney, Tallahassee, Fla., for defendant.

DE VANE, District Judge.

This is a suit by plaintiff to enjoin the enforcement of a zoning ordinance (No. 542), adopted by the City of Tallahassee, Florida on April 27, 1948.

Plaintiff operates a gasoline service station at the dead-end intersection of Lafayette Street with Monroe Street in Tallahassee, across Monroe Street from the main entrance to the State Capitol. The property owned by plaintiff was purchased in 1938 for the purpose of erecting thereon a service station as an outlet for the sale of plaintiff's products. At the time of the purchase of said property there did not exist any restrictions by municipal ordinance or otherwise against the use of said property for such purpose. Plaintiff expended considerable money in the construction of the service station thereon, opening the same for business on or about November 1, 1938.

Under the zoning ordinance then in effect said property was located in what was designated as residence district "B", which permitted the construction and operation of service stations in such districts. Amendments were made, from time to time, to the zoning ordinance, which will be more fully referred to later. The latest amendment required plaintiff to discontinue the operation of its service station on or before May 1, 1949.

This suit was filed prior to May 1, 1949 and on April 30, 1949 a temporary restraining order was issued by this court enjoining the City from enforcing the ordinance against plaintiff until after final hearing in this case.

A review of the history of zoning laws passed by the State Legislature and of zoning ordinances adopted by defendant will aid in the determination of the issues before the court in this case. Chapter 15520, Sp.Laws of Florida, Acts of 1931, specifically authorized the City of Tallahassee to regulate the location and use of buildings and lands within the City, pursuant to a comprehensive zoning plan. Subsequently practically the same grant of authority was given all municipalities in the State through the enactment of Chapter 19539, Laws of Florida, Acts of 1939, Chapter 176, Fla.Stat.1941, F.S.A. The constitutionality of this legislation has been upheld by the Supreme Court of Florida in numerous decisions, some of which are cited below. State ex rel. Taylor v. City of Jacksonville, 101 Fla. 1241, 133 So. 114; State ex rel. Skillman v. City of Miami, 101 Fla. 585, 134 So. 541; City of Miami Beach v. Ocean & Inland Co., 147 Fla. 480, 3 So.2d 364; Miami Shores Village v. William N. Brockway Post No. 124, 156 Fla. 673, 24 So.2d 33.

Pursuant to authority granted to it by Chapter 15520, supra, the City of Tallahassee, by ordinance No. 263, adopted April 13, 1936, approved and put into effect a comprehensive zoning plan for the City. The area within which plaintiff's property is located was designated as a residence district "A" and under the terms of said ordinance service stations could not be operated within said area.

Ordinance No. 280, adopted December 22, 1936, changed the designation of the area to residence district "B" and permitted the operation of service stations within said area. It was during the period when this ordinance was in effect that plaintiff purchased the property involved in this suit and constructed its service station thereon.

Ordinance No. 334, adopted January 24, 1939, removed from residence district "B" the area within which plaintiff's property is located and added it to business district "A". This ordinance prohibited the construction of any more service stations within all said business district and there was also included in this ordinance the following provision: "No additional motor vehicle service station or stations shall be constructed or operated within the above described parts of this area of the City of Tallahassee, after the effective date of this ordinance; and further that all locations or cites within said parts or areas of the City now used for motor vehicle service stations shall be discontinued as such on and after January 1, 1949."

Ordinance No. 542, adopted April 27, 1948, again changed the area in which plaintiff's property is located from a business district to a residence district "A". It is this ordinance which plaintiff seeks to enjoin.

Business district "A", established by ordinance No. 334, adopted January 24, 1939, included not only the area in which plaintiff's property is located, but also included the main business district of the City lying adjacent to and immediately north of the area in which plaintiff's property is located. The provision with reference to the discontinuance of the operation of service stations in said business district "A" before January 1, 1949 was also applicable to this area and all service stations in what is now the main business district lying between Pensacola Street on the south and Park Avenue on the north have been forced to discontinue operation. Two other service stations formerly located in the same district as plaintiff was and is now located also ceased operation before the dead-line given them and plaintiff is the only one of the five stations affected by this ordinance No. 334 still in operation.

This resume of the zoning laws and ordinances applicable to the City of Tallahassee clearly shows that the City had been vested with authority to enact such ordinances and had exercised such authority prior to the acquisition by plaintiff of the property involved in this suit and plaintiff acquired the property with full knowledge of the right of the City to modify its zoning ordinances to meet the needs of this rapidly growing City.

The principle grounds upon which the validity of this ordinance is attacked may be summarized as follows:

1. The property of plaintiff is located one block south of the principal business district of the City. The trend in this area is towards business and not residential use and the business district should, therefore, be extended south to include plaintiff's property.

2. The classification of said area as residential is arbitrary and unreasonable and has no relation to the announced purposes of said ordinance.

3. The ordinance is unreasonable, arbitrary and confiscatory because it would greatly depreciate the value of plaintiff's property, its highest and best use being for a service station or other business purpose.

4. The ordinance permits non-conforming uses in other business and residential districts and to deny such right to plaintiff constitutes an arbitrary and unreasonable discrimination.

5. The exemption from the terms of said ordinance of all existing non-conforming uses within said residence district, except service stations, and the creation of an "island" business district "A" inside said residence district "A" in close proximity to plaintiff's property, is discriminatory and denies plaintiff the equal protection of the law, to which it is entitled.

6. The ordinance cannot be sustained on the ground that it will promote the health, safety, morals, convenience and general welfare of the inhabitants of the City and for this reason is an illegal exercise of the authority vested in the City under the laws of the State.

The facts in the case are not in essential dispute — they were in large part stipulated. Considering first grounds 1 and 2, the evidence shows that the property of plaintiff is located one block south of the principal business district, although the evidence does not sustain the contention of plaintiff that the trend in the area in which plaintiff's property is located is towards business and not residential use. Ordinance No. 334, adopted January 24, 1939, changed the area within which plaintiff's property is located from residence district "B" to business district "A" and the area retained such designation until the adoption of ordinance No. 542 on April 27, 1948 when the area was changed from business district "A" to residence district "A". The evidence shows that during this period there was little business development in the area. As a matter of fact, businesses, other than service stations, were never prohibited in the area prior to the adoption of...