Abu-Khadier v. City of Fort Myers

District Court of Appeal of Florida

Abu-Khadier v. City of Fort Myers

214 So. 3d 789, 2017 Fla. App. LEXIS 4604

District Court of Appeal of Florida·Decided April 5, 2017·No. Case No. 2D16-755·Published

Opinion

PER CURIAM.

We affirm the final summary judgment upholding the City of Fort Myers’ Nuisance Abatement Board’s order directing closure of a grocery store operated by RRHA, Inc., on property owned by Abu-Khadier, the Appellants. However, because genuine issues of material fact exist regarding Appellants’ entitlement to compensation following the closure, we reverse the final summary judgment in favor of the City of Fort Myers on Appellants’ complaint.

Affirmed in part, reversed in part, and remanded.

CASANUEVA, CRENSHAW, and ROTHSTEIN-YOUAKIM, JJ„ Concur.

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PER CURIAM.

We affirm the final summary judgment upholding the City of Fort Myers’ Nuisance Abatement Board’s order directing closure of a grocery store operated by RRHA, Inc., on property owned by Abu-Khadier, the Appellants. However, because genuine issues of material fact exist regarding Appellants’ entitlement to compensation following the closure, we reverse the final summary judgment in favor of the City of Fort Myers on Appellants’ complaint.

Affirmed in part, reversed in part, and remanded.

CASANUEVA, CRENSHAW, and ROTHSTEIN-YOUAKIM, JJ„ Concur.

Abu-Khadier v. City of Fort Myers, 214 So. 3d 789, 2017 Fla. App. LEXIS 4604 (Fla. Ct. App. 2017).

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