City of North Miami v. State ex rel. Leonard Keller, Inc.
Florida District Courts of Appeal
City of North Miami v. State ex rel. Leonard Keller, Inc., 308 So. 2d 558 (1975)
1975 Fla. App. LEXIS 14528
Barkdull, Carroll, Pearson, Ret
City of North Miami v. State ex rel. Leonard Keller, Inc.
Opinion of the Court
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).”
Affirmed.
Reference
- Full Case Name
- CITY OF NORTH MIAMI, a Municipal Corporation v. The STATE of Florida ex rel. LEONARD KELLER, INC.
- Cited By
- 2 cases
- Status
- Published