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RICH v. CITY OF MOUNT DORA

No. 86-332.

499 So.2d 65 (1986)

John H. RICH, Appellant, v. CITY OF MOUNT DORA, Appellee.

District Court of Appeal of Florida, Fifth District.

December 24, 1986.

Attorney(s) appearing for the Case

Morton D. Aulls, and Clayton H. Blanchard, Jr., of Cauthen, Robuck & Hennings, P.A., Tavares, for appellant.

Bernard H. Dempsey, Jr., and Manuel Socias of Dempsey & Goldsmith, P.A., Orlando, for appellee.

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,1 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...

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