Williams v. City of Sarasota

District Court of Appeal of Florida

Williams v. City of Sarasota

780 So. 2d 182, 2001 Fla. App. LEXIS 455, 26 Fla. L. Weekly Fed. D 309

CourtDistrict Court of Appeal of Florida

DecidedJanuary 24, 2001

DocketNo. 2D98-688

StatusPublished

Cited by1 cases

This text of 780 So. 2d 182 (Williams v. City of Sarasota) 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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Williams v. City of Sarasota, 780 So. 2d 182, 2001 Fla. App. LEXIS 455, 26 Fla. L. Weekly Fed. D 309 (Fla. Ct. App. 2001).

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Opinion

BLUE, Judge.

Appellants, hereinafter residents, were tenants in a mobile home park owned by [183]*183the City of Sarasota. They appeal from a final judgment entered in favor of the City, denying their claims that certain charges imposed by the City were in violation of laws governing mobile home parks and that a City ordinance passed for the purpose of closing the mobile home park and evicting these residents did not comply with the same state laws governing mobile home parks. We affirm, without discussion, the trial court’s finding that the charges for water, sewer and garbage were proper. We conclude, however, that the contested ordinance was passed in violation of section 723.083, Florida Statutes (1993),¹ and was thus unenforceable for the purpose of evicting these residents.

We agree with the residents that the trial court erred in finding the ordinance valid because the City concedes that it failed to comply with the statutory prohibition against official action that would result in the removal or relocation of mobile home residents without first determining that adequate facilities exist for relocation. However, we also agree with the City’s contention that its failure to follow through with any evictions pursuant to the ordinance has, by the passage of time, resulted in the ordinance being unenforceable for the purpose of evicting these residents. That being the case, we conclude that the issue concerning the validity of the City’s ordinance is now moot, and we dismiss the appeal of this issue.

Affirmed in part; dismissed in part.

THREADGILL, A.C.J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.

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BLUE, Judge.

Appellants, hereinafter residents, were tenants in a mobile home park owned by [183]*183the City of Sarasota. They appeal from a final judgment entered in favor of the City, denying their claims that certain charges imposed by the City were in violation of laws governing mobile home parks and that a City ordinance passed for the purpose of closing the mobile home park and evicting these residents did not comply with the same state laws governing mobile home parks. We affirm, without discussion, the trial court’s finding that the charges for water, sewer and garbage were proper. We conclude, however, that the contested ordinance was passed in violation of section 723.083, Florida Statutes (1993),¹ and was thus unenforceable for the purpose of evicting these residents.

We agree with the residents that the trial court erred in finding the ordinance valid because the City concedes that it failed to comply with the statutory prohibition against official action that would result in the removal or relocation of mobile home residents without first determining that adequate facilities exist for relocation. However, we also agree with the City’s contention that its failure to follow through with any evictions pursuant to the ordinance has, by the passage of time, resulted in the ordinance being unenforceable for the purpose of evicting these residents. That being the case, we conclude that the issue concerning the validity of the City’s ordinance is now moot, and we dismiss the appeal of this issue.

Affirmed in part; dismissed in part.

THREADGILL, A.C.J., and CAMPBELL, MONTEREY, (Senior) Judge, concur.

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780 So. 2d 182, 2001 Fla. App. LEXIS 455, 26 Fla. L. Weekly Fed. D 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-city-of-sarasota-fladistctapp-2001.

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