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CITY OF DELRAY BEACH v. WATTS

No. 83-2106.

461 So.2d 142 (1984)

The CITY OF DELRAY BEACH, Appellant, v. Shalanda WATTS, a Minor by and through Her Natural Mother and Next Friend, Naomi Williams and Naomi Williams, Individually, Gerome Gholston, Owner and Progressive American Insurance Company, Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 21, 1985.

Attorney(s) appearing for the Case

Steven R. Berger and Amy N. Dean of Steven R. Berger, P.A., and Peterson & Fogarty, P.A., Miami, for appellant.

Gary E. Garbis of Gary E. Garbis, P.A., Miami, for appellees.

PER CURIAM.

We reverse because the placement of the garbage dumpster was a planning-level decision of the City thereby entitling it to sovereign immunity and, further, no exception was created because the dumpster did not constitute a known danger not readily apparent to potential victims or a hidden trap or danger. The dumpster and its location, and whatever danger they created, were open and obvious. Payne v. Broward Co., 461 So.2d 63

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