City of Clearwater v. Field Construction Associates, Inc.

District Court of Appeal of Florida

City of Clearwater v. Field Construction Associates, Inc.

350 So. 2d 845

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1977

DocketNo. 77-197

StatusPublished

This text of 350 So. 2d 845 (City of Clearwater v. Field Construction Associates, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Clearwater v. Field Construction Associates, Inc., 350 So. 2d 845 (Fla. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

In this action for declaratory judgment and other relief, the lower court entered a final judgment granting plaintiff/appellee’s motion for summary judgment. The court held that the doctrine of equitable estoppel applied. According to the court the defendant/appellant City of Clearwater was es-topped to deny a building permit to appel-lee (a developer) in that appellee had relied to its detriment upon a zoning ordinance which was later changed. We reverse. It cannot be said that appellee met its “ . . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So.2d 40, 47 (Fla.1966); Tamiami Builders, Inc. v. Smith, 305 So.2d 58 (Fla. 2d DCA 1974). On the contrary, the record reveals sufficient conflict on material facts as to preclude the entry of summary judgment for the appel-lee.

The order granting summary judgment is therefore reversed and the case is remanded for further proceedings not inconsistent herewith.

McNULTY, A. C. J, and OTT and RYDER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this action for declaratory judgment and other relief, the lower court entered a final judgment granting plaintiff/appellee’s motion for summary judgment. The court held that the doctrine of equitable estoppel applied. According to the court the defendant/appellant City of Clearwater was es-topped to deny a building permit to appel-lee (a developer) in that appellee had relied to its detriment upon a zoning ordinance which was later changed. We reverse. It cannot be said that appellee met its “ . . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v. Talcott, 191 So.2d 40, 47 (Fla.1966); Tamiami Builders, Inc. v. Smith, 305 So.2d 58 (Fla. 2d DCA 1974). On the contrary, the record reveals sufficient conflict on material facts as to preclude the entry of summary judgment for the appel-lee.

The order granting summary judgment is therefore reversed and the case is remanded for further proceedings not inconsistent herewith.

McNULTY, A. C. J, and OTT and RYDER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

350 So. 2d 845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-clearwater-v-field-construction-associates-inc-fladistctapp-1977.

Opinion

Related

Cite This Page — Counsel Stack