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<br />Page 6 - December 24, 2006 <br /> <br /> <br />his constitutional rights were being violated. <br />DECISION: Judgment in favor of Balsinger. <br />Balsinger did not violate Oakley's rights beca!lse, Balsinger did :not, a9t <br />unreasonably in making his decisions. <br />For example, in October 2000,-a complaint was made to the county abou~ the' <br />Haunted Trail. It was only after this complaint was made that Oakley was re- <br />quired to obtain a conditional use permit. <br />In addition, it was not unr~asonable to require an annual review in'light pf <br />all the complaints that were made at the hearing on the conditional \1se: pemrlt. <br />In October 2003, another complaint was made regarding the Temple <j>f'Tower.It <br />was this complaint that led the county toexanrlne the safety of th;e structure <br />I' . <br />and require sprinklers for the next season. <br />. ' <br />Finally, Balsinger had the authority to require 'a bathroom in the ,new build.; <br />ing and his so doing was not unreasonable. The new building was s~parate aind <br />apart from the old building that hogsed the facility's, bathroom, 8.l1d .the.new <br />building could eventually be sold separately from the old buildingj <br />Consequently, there was no evidence of a consti1:1,ltional violati,.on. <br />see also: Lewis v. Philip Morris Inc., 355 F.3d 515 (2004). <br />see also: Trihealth Inc. v. Board of Commissioner$, 430 F.3d 783,(26)05). <br /> <br />Conditional Use Permit - Residential program claims county's de1)ialof <br />permit violated Religious Land Use Act <br />County says program incompatible with. neighborhood <br />Citation: Men of Destiny Ministries Inc. v. Osceola COU'{tty, U.S. Distf,ictCourtfor . <br />the MiddJe Dist. of Florida, Orlando Div., No. 6:06-cv-624~Orl-31!DA.B (2 Q06) <br /> <br />FLORIDA (11/06/06) - Men of Destiny Ministries (MOM) was a po( for'profit <br />organization that provided a residential, rehabilitation program .fpr prog- rand <br />alcohol-addicted men in Osceola County. The program was run bY: a WastprPand: <br />. - - - - <br />was described as a "Christian disciple program." . ,,' <br />In July 2005, the program relocated to a house lit a resid~nti~zcmi1j.g!dis- <br />trict. The district, was designedprimarllY for single- family uses,:, B,ut c,ert, ain <br />"intensive" uses. were permitted with a conditional use permit.Re~idMnti~.pro- <br />grams were allowed outright if the dwelling unit.wl}s licensed to. serve plients <br />from the Department of Children & Families andhad:no morethaD1 sbf.re8,id,ents. <br />Residential programs with more than six residents required a penpit; <br />MDM never had fewer than seven residents living at the hoiiIe, 'anqit was <br />not licensed by the Department of Children & Families. However, it claime~ that <br />_ due to the religious nature of its work - it did not have to meet the licensing <br />requirements. <br />After a hurricane damaged the home, MOM began to malfe repairs and <br />alterations to the property, including converting a carport anp. a garage to <br /> <br />@ 2006 West, a Thomson business. Quinlan TN is a Thomson West brand. Any reproduction is prohibited. <br /> <br />154 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />