SABAL CHASE HOMEOWNERS' ASSOCIATION, INC., ET AL., APPELLANTS,
v.
METROPOLITAN DADE COUNTY, ET AL., APPELLEES

Fla. 3d DCA | 1991-10-08
No. 91-439
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
586 So. 2d 513 Florida District Court of Appeal, Third District (1991)

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Synopsis

The appellate court vacated summary judgment and attorney's fees against homeowners who erected a fence, remanding for further proceedings regarding the homeowners' association's right to approve fences and its succession to the developer's rights.


Holding

The appellate court vacated the judgments, finding that the trial court erred in granting summary judgment and attorney's fees to the homeowners' association and remanded the case for further proceedings.


Facts & Procedural History

Homeowners erected a six-foot chain link fence on their property. The homeowners' association sought to have the fence removed, alleging it violated t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court correctly held that:

The use of Parcel 25A as an elementary school (Scheme “A” proposed site plan) as authorized by Dade County pursuant to Resolution No. R-1016-90 does not violate the restrictive covenants applicable to Parcel 25A and is a permissible use of the property by Dade County.

Affirmed.


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