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Property Law Keyed to Dukeminier
Burns v. Town of Palm Beach
Citation:
999 F.3d 1317 (11th Cir. 2021)Facts
Donald Burns owned a Colonial Revival-style mansion in Palm Beach and wanted to replace it with a new International Style modern home that he claimed would express his evolved philosophy of simplicity in lifestyle and living with an emphasis on fewer personal possessions. The proposed 25,000-square-foot house would feature a flat roof, rectangular shape, and minimal decorative elements, contrasting with the Mediterranean and Spanish Colonial styles prevalent in the neighborhood. Burns submitted his application to the Town’s Architectural Review Commission, which denied it after two hearings, finding the design inconsistent with the Town’s architectural criteria. The Commission determined the home would not be in harmony with the neighborhood and would be excessively dissimilar to nearby structures.
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