DUNEDIN, Fla. — The 11th U.S. Circuit Court of AppealsSide withThe City of DunedinThursday was ruled that homeowner could be fined almost $30,000 forNot to be cut off grassThis does not contravene the Eighth Amendment’s prohibition of imposing excessive penalties.
This confirmed a lower courtProtest against Dunedin homeowner James Ficken.
Institute makes a statement. forJustice Attorney Ari Bargil, who represented Ficken in the case, stated that the decision would “further empower cities like DunedinUnsuspecting residents will be subject to severe financial penalties.”
“The court’s ruling accepted the argument that the Constitution provides no protection from the imposition of limitless fines, assessed without notice, that can reach thousands, if not millions of dollars—even forIt is trivial to be tall. grass. It should be obvious that fining is a man into foreclosure forHis letting grassIt is unjustifiable to take too much time for this offense. We’re hopeful that the full appeals courtThis case will be investigated forBargil stated, “What it is, and throw out that decision.”
The opinion of courtÉtats: “Ficken’s claims fall because state law provided him adequate procedure and the fine wasn’t unconstitutionally excesive where state law allowed for a fine as high as $500 per day for municipal-ordinance violations. We affirm the summary judgement in favor of the City.
Statement from the City of Dunedin:
“The City of DunedinIt is committed to protecting health and safety of citizens as well as public and private investments in our community by implementing fair and consistent policies. withThe applicable law.
While the Appeal case was won by the City, along with the April 2021 Federal District Court ruling, the City is still focusing on compliance policies and procedures that serve residents. withInformation and guidance about compliance.
The 11th Circuit U.S. Court of Appeals has issued a thorough and detailed judgment endorsing the City’s legal defenses to Mr. Ficken’s case. We are grateful for the Court’s time in reviewing the records and legal arguments and reaching its informed conclusions. The 11th Circuit U.S. Court of Appeals affirmed the City did not violate Mr. Ficken’s state or federal constitutional right to due process or impose unlawful fines. This is consistent with the legal findings before the City’s Code Enforcement Board and the Federal District Court ruling in April 2021.”
You can read the complete opinion below.
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