Bair v. City of Clearwater, Florida
196 So. 3d 577
| Fla. Dist. Ct. App. | 2016Background
- The Bairs bought a waterfront home in a flood zone and applied in 2011 for a permit to remodel and add an addition. The City required compliance with its flood provisions, including the FEMA-based "50 percent Rule" for substantial improvements.
- The Bairs submitted an initial appraisal (market-value approach), an engineer affidavit, and a budget representing the project would be nonsubstantial (<50% of market value); the City issued a permit.
- After construction began, the City issued a stop-work order nine days later, concluding the partial demolition indicated the project would exceed the 50% threshold and therefore require elevation to base flood elevation.
- The Bairs provided revised plans and a second appraisal using a cost-valuation approach; the City refused to lift the stop-work order and the Building/Flood Board affirmed.
- The Bairs sued under the Bert J. Harris, Jr. Private Property Rights Protection Act (Bert Harris Act) and for equitable estoppel seeking monetary damages; the trial court granted summary judgment for the City on the Bert Harris claim and dismissed the equitable-estoppel claim with prejudice. The Second District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bert Harris Act claim survives when City's action rests on ordinances enacted on/before May 11, 1995 | Bairs: Claim is broader than mere application of pre-1995 ordinances — includes City’s post-permit conduct, reliance on post-1995 FEMA/maps, and procedural requests that inordinately burden property | City: Section 70.001(12) bars causes of action based on application of laws/ordinances adopted on or before May 11, 1995; no amended post-1995 ordinance imposed an inordinate burden | Court: Section 70.001(12) applies; no genuine issue that City’s acts were application of pre-1995 ordinances; summary judgment for City affirmed |
| Whether reliance on post-1995 FEMA maps or delegated federal standards creates a Bert Harris claim | Bairs: City relied on post-1995 maps and FEMA regs, so claim is not limited to pre-1995 ordinance application | City: City applied local ordinances; FEMA/regulatory delegation not asserted as City's independent authority; even if delegated, federal agency actions are outside Bert Harris cause | Court: Reliance on maps/regulations did not create a Bert Harris cause; application remains of pre-1995 ordinances and is barred |
| Whether amended portions of chapter 51 (post-1995) imposed an "inordinate burden apart from" the pre-1995 ordinance | Bairs: Some chapter 51 provisions require post-1995 data; that could create an inordinate burden distinct from the pre-1995 rule | City: No amended provision independently imposed an inordinate burden apart from the pre-1995 50% Rule | Court: Bairs failed to raise a genuine issue that any amendment independently imposed an inordinate burden; exception to §70.001(12) not met |
| Whether equitable estoppel can be pleaded as a stand-alone cause of action seeking monetary damages against a governmental entity | Bairs: Sought damages via equitable estoppel based on City's conduct and representations | City: Equitable estoppel is a defensive/supporting doctrine, not a freestanding claim for money damages | Court: Equitable estoppel cannot be a standalone cause of action for monetary relief; dismissal proper (Bairs had stipulated to seeking only monetary relief) |
Key Cases Cited
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) (summary judgment standard)
- Spangler v. Florida State Turnpike Authority, 106 So. 2d 421 (Fla. 1958) (strict construction of sovereign-immunity waivers)
- Pacetta, LLC v. Town of Ponce Inlet, 120 So. 3d 27 (Fla. 5th DCA 2013) (equitable estoppel may support a Bert Harris claim)
- Angelo's Aggregate Materials, Ltd. v. Pasco County, 118 So. 3d 971 (Fla. 2d DCA 2013) (equitable estoppel is defensive, not an independent cause)
- Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001) (definition and usage of equitable estoppel as a bar to assertions)
- Dade County School Board v. Radio Station WQBA, 731 So. 2d 638 (Fla. 1999) (procedural preservation and appellate review limits)