Burns v. Town of Palm Beach
United States Court of Appeals for the Eleventh Circuit
999 F.3d 1317 (2021)
- Written by Haley Gintis, JD
Facts
In 2013 Donald Burns (plaintiff) submitted a proposal to receive a building permit from the town of Palm Beach (the town) (defendant). Burns sought to build a 20,000-square-foot mansion with international or midcentury modern architecture because it communicated the message that Burns was unique and valued simplicity. Burns planned for the mansion to be guarded with a wall, gate, and landscape that would prevent others from viewing it. The town’s architectural commission (the commission) denied Burns’s building permit. The commission used its standard criteria and determined that the proposed building was not in harmony with the general area. Burns filed an action in federal district court, claiming that the town had violated, among other rights, his First Amendment free-speech rights because the proposed residential architecture conveyed a message. The magistrate judge determined that the predominant purpose of Burns’s home was to serve as a residence rather than to convey a message. The district court agreed and entered summary judgment in the town’s favor. Burns appealed to the United States Court of Appeals for the Eleventh Circuit.
Rule of Law
Issue
Holding and Reasoning (Luck, J.)
Dissent (Marcus, J.)
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