CITY OF PUNTA GORDA v. McSMITH, INC.

No. 73-14.

294 So.2d 27 (1974)

The CITY OF PUNTA GORDA, Florida, a Municipal Corporation, et al., Appellants, v. McSMITH, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1974.


Attorney(s) appearing for the Case

Frank Wotitzky, of Wotitzky, Wotitzky & Johnson, Punta Gorda, for appellants.

John M. Hathaway of Hathaway & Norton, Punta Gorda, for appellee.


BOARDMAN, Judge.

Appellee/plaintiff, McSmith, Inc., a Florida corporation, planned to construct a travel trailer park on its tract of land abutting Shell Creek between the headwaters of the creek and the waterworks dam of the City of Punta Gorda. Accordingly, it proceeded to acquire certain permits, including a conditional permit from the Department of Air and Water Pollution Control for construction of a sewage treatment plant and evaporation percolation pond. Subsequently...

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