SATELLITE DEVELOPMENT CORPORATION, ETC., ET AL., APPELLANTS,
v.
TORTOISE ISLAND HOMEOWNER'S ASSOCIATION, INC., ETC., APPELLEE
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The court reversed a temporary injunction against a developer's use of a private road, holding that the developer's platted easement for ingress and egress was valid and the homeowner's association failed to establish the prerequisites for injunctive relief.
A developer's platted easement for ingress and egress to its property cannot be enjoined where the homeowner's association has no superior rights to the road and fails to demonstrate irreparable harm, inadequate remedy at law, or substantial likelihood of success on the merits.
[1] A developer's platted easement for ingress and egress to property is not invalidated by subsequent rezoning or replatting of the property.
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Join FLexlaw to unlock all legal intelligenceSatellite Development Corporation owned Tract A in Phase One of Tortoise Island P.U.D. and possessed a platted easement over Tortoise Drive for ingres…
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COBB, Chief Judge.
The issue here is whether the trial court erred by granting a temporary injunction against a developer, Satellite, prohibiting its use of a private road, Tortoise Drive, for nonpassenger vehicles. As we read the record, the plaintiff, Tortoise Island Homeowner’s Association, has no recorded title to the road in question. That title remains in the original developer of Phase One of Tortoise Island P.U.D., Tortoise Island Group, Limited. At the temporary injunction hearing, the Association presented .no evidence to indicate the invalidity of Satellite’s platted easement over Tortoise Drive for ingress and egress to and from its property, Tract A in Phase One of Tortoise Island P.U.D., the same ingress and egress shared by other purchasers in the development. The existence of the platted easement is acknowledged by the appellee’s brief.
In this case the Association has established no rights to the use of Tortoise Drive greater than those of Satellite. Nor has the Association shown (1) irreparable harm, (2) an inadequate remedy at law, or (3) a substantial likelihood of success on the merits. See Florida Land Co. v. Orange County, 418 So. 2d 370 (Fla. 5th DCA 1982). The fact that Tract A of the development has been rezoned to allow multifamily dwellings cannot change extant easement rights of access to it. Rezoning, or even replatting, of property does not deprive an owner of his individual property rights. See Spencer v. Wiegert, 117 So. 2d 221 (Fla. 2d DCA 1959), cert. denied, 122 So. 2d 406 (Fla.1960).
Accordingly, we reverse the temporary injunction.
REVERSED.
ORFINGER and COWART, JJ., concur.
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Citator
Cited By
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Sparks v. The Charles Wayne Grp., 568 So. 2d 512 (Fla. 5th DCA 1990)…. 2d 925 (Fla. 2d DCA 1981). The proponent must show (1) irreparable harm, (2) an inadequate remedy at law, and (3) a substantial likelihood of success on the merits. Satellite Development Corporation v. Tortoise Island Homeowners Association, Inc., 487 So. 2d 1157 (Fla. 5th DCA 1986); Florida Land Company v. Orange County, 418 So. 2d 370 (Fla. 5th DCA 1982). The mere allegation of a cause of action for an equitable lien does not translate into an automatic right to injunctive relief (i.e., notice of lis pen-d…
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Hutchinson v. Kimzay OF Fla., Inc., 637 So. 2d 942 (Fla. 5th DCA 1994)…ividual right to relief that the complainants may have.” Hall, 555 So. 2d at 963 (citation omitted). See also, Florida Land Co. v. Orange County, 418 So. 2d 370, 371 n. 2 (Fla. 5th DCA 1982); Satellite Dev. Corp. v. Tortoise Island Homeowner’s Assn, 487 So. 2d 1157 (Fla. 5th DCA 1986).…
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Leesburg Humane Soc'y, Inc. v. Kauffman, 546 So. 2d 1161 (Fla. 5th DCA 1989)…ty pending the outcome of the litigation. We affirm the entry of the temporary injunction because it meets the criteria for entry of such orders set forth in cases such as Satellite Development Corp. v. Tortoise Island Homeowner’s Association, Inc., 487 So. 2d 1157 (Fla. 5th DCA 1986); Florida Land Company v. Orange County, 418 So. 2d 370 (Fla. 5th DCA 1982); Graham v. Edwards, 472 So. 2d 803 (Fla. 3d DCA 1985), review denied, 482 So. 2d 348 (Fla.1986). Nevertheless, in enjoining any further improvements to ap…
Authorities Cited
- Fla. Land Co. v. Orange Cnty., 418 So. 2d 370 (Fla. 5th DCA 1982)
- Spencer v. Wiegert, 117 So. 2d 221 (Fla. 2d DCA 1959)
- Lashley v. State of Fla. ex rel. Gerstein, 122 So. 2d 406 (Fla. 1960)
- Donofrio v. State, 122 So. 2d 406 (Fla. 1960)