HomeMy WebLinkAbout0271 IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
~ IN AND FOR SAINT LUCIE COUNTY,
~go~ g~ 9 FLORIDA . CIVIL ACTION .
CASE N0. 75-1310
ST. LUCIE COUNTY, a political )
subdivision of the State of ~
Florida, )
Plaintiff, )
v. - ) FINAL JUDGMENT
LELIA BARNES, )
Defendant. )
)
Plaintiff County brought suit to enjoin the violation of zoning .
ordinances by Defendant`s use of two Iots for parking purposes in
connection with a bar being operated on adjoining lots. It is clear
that such use is prohibited under the applicable zoning.
Defendant claims that the County is estopped from enforcing this
ordinance against her for the reasons that ied to a similar conclusion
in Case No. 73-983 involving ~he use of the adjoining property as a
bar. The trial judge in that case specifically made no ruling on the
two lots involved in the subject case.
In the suit involving the bar the County had erroneously issued
a certificate authorizing a Ziquor license to be utilized on the pre-
mises and had distributed to De£endant a mimeographed sheet showing _
that such was permitted (instead of prohibited) unde~ the applicable
zoning. The trial judge held that Defendant's purchase of the pro-
perty and expenditure of money upon these representations worked an
estoppel upon the County.
In the instant case the County made no such errors. The subject
lots are Linder a different zoning classification than the bar and no
special exception or other County action has authorized the use
contrary to the regulations.
Defendant seeks to bring the parking lots under the estoppel
involving the bar lot. This she cannot do under the Final Judgment
in the prior case as these lots were specifically excluded from that
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