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Neuman v. Grandview at Emerald Hills, Inc.

Florida District Court of Appeal
861 So. 2d 494 (Fla. Dist. Ct. App. 2003)


Facts

Grandview (defendant) operates a condominium complex in Florida. Neuman (plaintiff) is is one of a group of residents at Grandview who reserved the Grandview auditorium to conduct a religious service. Upon hearing about the service, other Grandview residents complained to management about the holding of a religious service in a common area. After a heated, argumentative resident meeting, Grandview held a vote and 70 percent of residents voted in favor of prohibiting religious services, so Grandview enacted a rule that prohibited the use of the auditorium for religious services. Neuman filed suit for injunctive relief alleging violation of a Florida statute that prohibited condominiums from unreasonably restricting condo owners’ right to peaceably assemble. The trial court ruled in favor of Grandview. Neuman appealed.

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Issue

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Holding and Reasoning (Warner, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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