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zoned commercial and if this zoning allowed convenience grocery
stores. Prior to the purchase of this property, Plaintiffs were
the owners of a convenience store known as "Action Mart No. t'`,
and were looking for a site for another convenience grocery store.
Plaintiffs would not have purchased this property if it could not
have been used for a convenience grocery store. On December 15,
1978, Plaintiffs completed the purchase of this property by
paying $5,000 cash to the seller and executing and delivering a
purchase money mortgage and note in the amount of $70,000 for the
balance of the purchase price. On the date the sale of this pro-
perty was completed, .or very shortly thereafter, Plaintiffs applied
to Mr. Moore; Director of the Fort Pierce Building and Zoning
Department for a building permit to remodel the existing building
for a convenlence grocery store. Plaintiffs advised Mr. Moore
there would be a drive-in window facility so that customers could
purchase groceries, beer and wine from the drive-in window. The
building permit application was approved and the building permit
was issued by the City of Fort Pierce on December 28, 1978. The
-same date the building peranit was issued, or the next day there-
after, Plaintiffs started renovating, making alterations and
cleaning the existing building and spent approximately $3,000 to
$4,000, plus their own labor, and in addition, paved the driveway.
~ After the driveway was paved, a neighbor became concerned with
~ what was going on at this property and then discovered there was
going to be another Action Mart on this property. Petitions by
neighbors and other interested citizens started against this, and
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resulted in public hearings before the City Commission and Planning
and Zoning Boards to rezone this property from C-3 (commercial) to
R-6 (residential).
Plaintiffs applied to the Beverage Commission for a beer
and wine license for off-premise consumption sale. The Beverage Com-
q
mission required that the City certify this property was zoned to
allow the off-premise consumption sale of beer and wine. This
certificate was taken by Plaintiffs to Mr. Moore in the middle of
January, 1979, and he advised them he could not sign this
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