CITY OF NORTH MIAMI, A MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
THE STATE OF FLORIDA EX REL. LEONARD KELLER, INC., APPELLEE
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The City of North Miami's appeal of a mandamus judgment ordering issuance of a building permit is affirmed because equitable estoppel applies when a municipality's conduct misleads a party into detrimental reliance.
Equitable estoppel applies against a municipality to compel issuance of a building permit when the city's action or conduct misleads a party who relies on it to their detriment.
[1] Equitable estoppel applies against a municipality to compel issuance of a building permit when the municipality's action or conduct misleads an applicant who relies on it…
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Join FLexlaw to unlock all legal intelligence“where one, in good faith, changes his position to his detriment by spending money or obligating himself as a result of the reliance on the city's action and/or conduct, the doctrine of equitable estoppel will apply against the city”
Trial judge's findings establishing the elements of equitable estoppel against municipalities in building permit cases
Leonard Keller, Inc. sought a building permit for uses consistent with 1-B-1 zoning (tennis and shuffleboard courts) in North Miami. The City's conduc…
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PER CURIAM.
The City of North Miami appeals a final judgment in mandamus ordering the issuance of a building permit for uses consistent with 1-B-l zoning (including tennis and shuffleboard courts). The trial judge set out extensive findings of fact upon the basis of which he concluded as follows:
“9. The doctrine of equitable estoppel applied here against the CITY OF NORTH MIAMI has been upheld in many Florida decisions, where cities and municipalities have been required to issue building permits in mandamus actions. The cases hold that where one, in good faith, changes his position to his detriment by spending money or obligating himself as a result of the reliance on the city’s action and/or conduct, the doctrine of equitable estoppel will apply against the city. See Texas Co. v. Town of Miami Springs, 44 So. 2d 808 (Fla. 1950) ; A.
H. Sakolsky v. City of Coral Gables, 151 So. 2d 433 (Fla. 1963); City of Gainesville v. Bishop, 174 So. 2d 100 (Fla.App.1965); City of North Miami v. Margulies, 289 So. 2d 424 (3 DCA, 1974).” On this appeal, the City has argued essentially that the facts do not support the application of the doctrine of equitable estoppel in this case. Our review of the record reveals a sufficient basis upon which the trial judge could have found that the action of the City in this matter concealed the facts and mislead the appellant, who was without knowledge to the contrary. Under such circumstances, the application of the doctrine was proper.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Killearn Props., Inc. v. City OF Tallahassee, 366 So. 2d 172 (Fla. 1st DCA 1979)…ipalities in the exercise of their proprietary functions. (See, for instance, Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla.1976), Sakolsky v. City of Coral Gables, 151 So. 2d 433 (Fla.1963), City of North Miami Beach v. Keller, 308 So. 2d 558 (Fla. DCA 1975).) However, the City argues that Southern Gulf Utilities, Inc. v. City of North Miami Beach, 323 So. 2d 669 (Fla. 3rd DCA 1975),3 cited by the trial judge, precludes application of the doctrine of estoppel because, the City contends,…
Authorities Cited
- Sakolsky v. The City OF Coral Gables, 151 So. 2d 433 (Fla. 1963)
- Tex. Co. v. Town of Miami Springs, 44 So.2d 808 (Fla. 1950)
- City OF Gainesville v. Bishop, 174 So. 2d 100 (Fla. 1st DCA 1965)
- City OF N. Miami v. Margulies, 289 So. 2d 424 (Fla. 3d DCA 1974)