HomeMy WebLinkAbout1435 1
~4 • 1
+ ~
' ~ I 1
3~.~'~5 . ~
. R
IN THE CIRCUIT COURT OF TIIE 19TH
~ ~ JUDICIAL CIRCUIT IN AND FOR
SAINT LUCIE COUIJTY, r'LOr~IDA
CIVIL ACTION NO. 73-983 .
,T. LUCIF COUNTY, a political .
- subdivision of the State of
Florida,
. Plaintiff , ~
v. - ~ . . _
- ~LELIA BARNES,_et al., _ _
Defendants.
~ ~ ORDER .
THIS CAI~SE came on for trial before this court c,,n June
~ 6, 1975, and the court having reviewed the ~stipulation of facts,:
sti~ulation as to~questi~ns of l.aw, documentary evidence and
testimony.,~and the court being fully advised in the premises,
the court~finds that the doctrine of equita~ale estoppel zpplies
in favor of d~fendani., LELIA-BARNES, and against plaintiff under.
' -the facts of this case for the reasons that the defendant
~ obtained from the proper authorities with the Zoning-Department
- of Saint Lucie Caunty, a certificate authorizing-a liquor _
_ li~ens~ for c~;~sumption of alcohol~c beverages to be permitted~
_ ~ und~r its zoning-c~de on the property which is the subject ~
. _ matter of-this suit; that the Zoning Department had in addition
published a mimeographed sheet showing the zonin~ restrictions
. _ . ~
~ applicable to B-l property and that sheet was delivered to the j
defendant and ~howed thereon that liquor consumption on the _
i~ : premises was permitted-in the zoning classification knnwn as ~
~
B-1; that the aforesaid was F~repared under the.direction and -
~ supe~vision of the Zoning Departl-nent of Saint Lucie_County_and
4 ! . _ . . . ~ _ - -
r ,did, in fact, ~ontain'an error whereby the word "permitted"
~ - - -
~ was used wherein, in fact, the word "prahibited" should have -
. ~
been used; that all such errors ~ccurred as a-r~~ult of the-
~ _ _ - - _ ~
omiss~on, inadvertance or negligence of the Zoning Uepartment
SULLIVAN - _ _ -
: a~~co~a of Saint Lucie County and were incurred through no fault of
12Ki - 20TM STREET ~ ~ . _
FOST Of FlCE BOX 3
VEROBEACH,FLORiDA _ . . . . ~ -
-32li0 ,
~ TElE~F10Nf 5i)1371 ~ . - ~ . . -
~ AREACUDE]Of - - - . ~ BYVfI~~ P~~ - - :
~
' - -
~ _ _ ~ ~ - - = - -
- c - - - . . - . . . -