Rich v. City of Mount Dora (499 So. 2d 65, 1986)

Florida District Court of Appeal 1986-12-24

Citations

Full opinion text

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and JOHNSON, WILLIAM C., Jr., Associate Judge, concur.

COBB, J., concurs specially with opinion.

COBB, Judge,

concurring specially:

The issue here, as I see it, is whether a city can be held liable for nuisance, 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.