Whittenton v. City of New Smyrna Beach

District Court of Appeal of Florida

Whittenton v. City of New Smyrna Beach

351 So. 2d 738

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1977

DocketNo. EE-59

StatusPublished

Cited by1 cases

This text of 351 So. 2d 738 (Whittenton v. City of New Smyrna Beach) 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.

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Whittenton v. City of New Smyrna Beach, 351 So. 2d 738 (Fla. Ct. App. 1977).

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Opinion

SMITH, Acting Chief Judge.

Viewed in a light favorable to the City, the evidence supports the trial court’s decision that the City is not estopped to enforce its zoning ordinance proscribing the use of appellants’ house by paying boarders. The evidence on the elements of estoppel was conflicting and did not establish appellants’ right to continued use as a matter of law. City of North Miami v. Margulies, 289 So.2d 424 (Fla. 3d DCA 1974).

AFFIRMED.

ERVIN and MELVIN, JJ., concur.

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SMITH, Acting Chief Judge.

Viewed in a light favorable to the City, the evidence supports the trial court’s decision that the City is not estopped to enforce its zoning ordinance proscribing the use of appellants’ house by paying boarders. The evidence on the elements of estoppel was conflicting and did not establish appellants’ right to continued use as a matter of law. City of North Miami v. Margulies, 289 So.2d 424 (Fla. 3d DCA 1974).

AFFIRMED.

ERVIN and MELVIN, JJ., concur.

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351 So. 2d 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittenton-v-city-of-new-smyrna-beach-fladistctapp-1977.

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