Florida District Courts of Appeal, 1986

Rich v. City of Mount Dora

Florida District Courts of Appeal · Decided December 24, 1986 · Cobb, Dauksch, Johnson, William

499 So. 2d 65; 12 Fla. L. Weekly 137; 1986 Fla. App. LEXIS 11052 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and JOHNSON, WILLIAM C., Jr., Associate Judge, concur. COBB, J., concurs specially with opinion.

Concurring Opinion

COBB, Judge,

concurring specially:

The issue here, as I see it, is whether a city can be held liable for nuisance,1 absent a taking of private property and absent operational negligence on its part, as a result of implementation of a planning decision by its governing body to construct or expand a municipal sewage treatment plant. See Trianon Park Condominium Assoc., Inc. v. City of Hialeah, 468 So.2d 912 (Fla. 1985). Therefore, I concur in affirming the summary judgment entered by the trial court.

. The plaintiff’s action for inverse condemnation was dismissed and not appealed; his actions for trespass and negligence admittedly were unsupported by the evidence. Therefore, only his nuisance action is in dispute.

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