O. P. Corp. v. Lewis
O. P. Corp. v. Lewis
Opinion of the Court
This litigation was commenced by a complaint for declaratory relief in which the appellee, The Village of North Palm Beach, sought a judicial determination as to whether a building permit should be issued to appellant for the construction of a twelve story building. At issue in the suit was the validity of a village ordinance zoning the property in question for limited commercial use. The trial court held the ordinance invalid and prohibited the issuance of the building permit for the proposed construction. This court affirmed that judgment but the Supreme Court quashed the District Court decision
“to exercise jurisdiction and to consider whether there was good cause or justification for revoking the building permit subsequent to its issuance or if the revocation is in fact merely an indirect refusal to obey the mandate.”
In accordance with this order, the trial court took further testimony and found that the revocation of the permit was not an indirect refusal to obey the mandate of the Supreme Court. This appeal is directed to that order of the trial court.
We have reviewed the evidence adduced and the arguments of counsel contained in the briefs and find there is substantial competent evidence to support the trial judge’s findings. The limited issue referred to the trial court involved a determination of whether there was good cause or justification for revoking the permit subsequent to its issuance. The evidence before the trial court justifies the conclusion that the application for the permit contained a material misrepresentation regarding the plans and specifications for the structural portions of the building, and it matters not whether the applicant was cognizant thereof.
When the plans and specifications were submitted for issuance of the permit the indication thereon was that the engineers responsible for them were Ritchie & Crock-er, Registered Engineers, since those plans and specifications bore their stamp. However, there was no signature or seal affixed as required by Section 104.3(c) of the Village Code. Nevertheless, the building inspector issued the permit because the court had mandated him to do so. Subsequently, the building inspector became aware that a duplicate copy of the structural plans and specifications were submitted to the Hotel and Restaurant Commission for approval signed by an engineer employed by appellant. The building inspector and appellee were further advised by copies of letters from counsel for engineers Ritchie & Crock-er that they were not responsible for the structural plans and specifications and that the law had been violated in the submission of them to the Hotel and Restaurant Commission signed by another engineer. This was clearly a violation of law since Section 471.26(l)(e), Florida Statutes (1973) pro
The requirement that a registered engineer stand behind and be responsible for his structural plans and specifications is no idle precaution; most especially when dealing with a building some 12 stories high. The designer of such structures owes a duty of care not only to the owner of the property but to the public as well. The signing and sealing of such plans fixes the responsibility for assistance during construction and ultimate liability for negligent design.
Appellant contends that appellee opposed the construction and, thus, harassed appellant during the inspection of the building. The Village, of course, denies any such motive. While there is some evidence which could support such a theory, the trial court heard the evidence, considered these suggestions and found that the revocation of the permit was not an indirect refusal to obey the court’s mandate. Having found adequate support in the record for the court’s conclusion, the order appealed from is affirmed.
AFFIRMED.
. O. P. Corporation v. Village of North Palm Beach, 278 So.2d 593 (Fla. 1973).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.