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It would be highly inequitable and unjust to destroy
the property rights of the Plaintiffs.
The City of Fort Pierce and all of the Defendants are
estopped from changing the zoning. A local government is es-
topped to exercise its zoning powers when a property owner acts
(1) in good faith; (2) upon some act or omission of government;
and (3) has made such a substantial change in position or has
incurred such extensive obligations and expenses that it would be
highly inequitable and unjust to destroy rights he acquired.
Sakolsky v. City of Coral Gables, 151 So.2d 433 (S.Ct. 1963);
City of North Miami v. Margulies, 289 So.2d 424 (3 DCA 1974);
City of Hollywood v. Hollywood Beach Hotel Co., 283 So.2d 867
(4 DCA 1973); Texas Co. v. Town of Miami Springs, 44 So.2d 808
(S.Ct. 1950); Pasco County v. Tampa Development Corporation, 364
So.2d 850 (2 DCA 1978); City of Gainesville v. Cone, 365 So.2d 737
(I DCA 1978); Walker v. Indian River County, 3I9 So.2d 596 (4 DCA
1975); and Board of County Commissioners of Metropolitan Dade
County v. Lutz, 314 So.2d 815 (3 DCA 1975).
It is thereupon
ORDERED and ADJUDGED that the City of Fort Pierce, Florida,
a municipal corporation, Mayor Buell Brown, John D. Browning, Havert
~ Fenn, Grover Leslie, Jack Long and William R. Moore, Director of
e
Fort Pierce Building and Zoning Department, its agents, servants
and employees, and all persons acting in connection with them, are
permanently enjoined from enforcing the R-6 (residential) zoning on
~ the Plaintiffs' property described as:
Beginnin~ at the SE corner of Lot 5, Block 4,
JELLISON S S/D, as recorded in PB 4, P. 37 of
the public records of St. Lucie County, Florida,
g run N 00° 07' 48" W 141.67' along the W R/W-of
N. 13th Street to a point; thence run S 89° 52'
12" W 100.0' to a point; thence run S 00° 07' 48"
E 135.0' and parallel to the W R/W of N. 13th
a Street to a point on the N R/W line of Avenue~L;
~ thence run S 89° 18' S8" E 100.22' along the N R/W
line of Avenue L to a point on the W R/W of N.
f 13th Street and the point of beginning.
and that the Plaintiffs' property is properly zoned C-3 (commercial).
Costs are assessed against the Defendants.
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