Saturday, January 15, 2011

3d DCA - Limits on the Use of Estoppel or Laches against Gov't in Code Enforcement

In Monroe County v. Carter the 3d DCA quashed the circuit court's quashal of a code enforcement order. The circuit court found that that the County was barred by laches or estoppel from enforcing the code against a ground floor (below flood elevation) rental unit in Ms. Carter's house. The 3d DCA disagreed and distinguished the earlier Castro decision becuase the unit here had never been permitted.

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