Flagler County v. Palm Coast Community Service Corp.

District Court of Appeal of Florida

Flagler County v. Palm Coast Community Service Corp.

712 So. 2d 1131, 1998 Fla. App. LEXIS 5996, 1998 WL 271272

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1998

DocketNo. 97-1659

StatusPublished

This text of 712 So. 2d 1131 (Flagler County v. Palm Coast Community Service Corp.) 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

Flagler County v. Palm Coast Community Service Corp., 712 So. 2d 1131, 1998 Fla. App. LEXIS 5996, 1998 WL 271272 (Fla. Ct. App. 1998).

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Opinion

HARRIS, Judge.

Although we understand the County’s concern about the possibility of having presented to it in the future a poorly-maintained and under-funded drainage system, we nevertheless agree with the trial judge that there is nothing in the record which supports the county’s position. We find nothing in the various development plans and contracts, or in the law, which prohibits the owner of a development that has completed a drainage system and has operated the system successfully throughout its sales program from turning over that system to the property owners through a property owners’ non-profit corporation for continued operation and maintenance after the developer has completed its sales program. The property owners’ corporation has willingly accepted the conveyance of all the necessary property and equipment and has undertaken the obligation of operation and maintenance of the system.

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, C.J., concurs in result only.

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HARRIS, Judge.

Although we understand the County’s concern about the possibility of having presented to it in the future a poorly-maintained and under-funded drainage system, we nevertheless agree with the trial judge that there is nothing in the record which supports the county’s position. We find nothing in the various development plans and contracts, or in the law, which prohibits the owner of a development that has completed a drainage system and has operated the system successfully throughout its sales program from turning over that system to the property owners through a property owners’ non-profit corporation for continued operation and maintenance after the developer has completed its sales program. The property owners’ corporation has willingly accepted the conveyance of all the necessary property and equipment and has undertaken the obligation of operation and maintenance of the system.

AFFIRMED.

THOMPSON, J., concurs. GRIFFIN, C.J., concurs in result only.

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Bluebook (online)

712 So. 2d 1131, 1998 Fla. App. LEXIS 5996, 1998 WL 271272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flagler-county-v-palm-coast-community-service-corp-fladistctapp-1998.