Inlet Shores Civic Assoc., Inc. v. City of New Smyrna Beach
Inlet Shores Civic Assoc., Inc. v. City of New Smyrna Beach
Opinion of the Court
AFFIRMED.
070rehearing
ON MOTION FOR REHEARING
We grant appellant’s motion for rehearing in this case because our affirmance without opinion may cause future misunderstandings and errors, and we adopt the
In Ryan v. Town of Manalapan, 414 So.2d 193 (Fla. 1982), the Florida Supreme Court answered the following question certified to it as one of great public importance in the negative:
DO RESTRICTIVE COVENANTS AFFECTING THE USAGE OF LAND APPLY TO A PUBLIC BODY WHICH ACQUIRES THE LAND BY PURCHASE AS OPPOSED TO ACQUISITION BY EMINENT DOMAIN?
Id. at 195. Ryan controls this case, and the judgment is therefore
AFFIRMED.
DAUKSCH and SHARP, JJ., and MIZE, Associate Judge, concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.