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CITY OF CLEARWATER v. MILLS DEV. GROUP, FLA. INC.

No. 87-1207.

536 So.2d 1138 (1988)

CITY OF CLEARWATER, Appellant, v. The MILLS Development Group of Florida, Inc.; United States Steel Corporation, a Delaware Corporation; Clearwater Key Association-South Beach I, Inc.; Clearwater Key Association-South Beach II, Inc.; Clearwater Key Association-South Beach — 1460 Gulf Blvd., Inc.; Clearwater Key Association-South Beach — 1480 Gulf Blvd., Inc.; Sand Key Associates Limited Partnership, a Pennsylvania Limited Partnership; Dan's Island 1660 Condominium Association, Inc.; Bernard F. Powell, Individually; Roger L. Stevens, Individually; N.M. Peabody Investment Company, a Delaware Corporation; Belleview Cabana Condominium, Ltd., a Florida Limited Partnership; Amza D. Abdullaj and Bakije Abdullaj, His Wife; Neim D. Abdullaj and Enverije S. Abdullaj, His Wife; Cheezum Development Corporation; Harbour Light Towers Association, Inc.; Clearwater Sand Key Club, Inc., Number 1; Landmark Towers at Sand Key Condominium Association, Inc.; and Key Sand Association, Limited, a Florida Limited Partnership, Appellees.

District Court of Appeal of Florida, Second District.

December 23, 1988.

Attorney(s) appearing for the Case

Zala Forizs of Blasingame, Forizs & Smiljanich, St. Petersburg, and Arthur J. England, Jr., and Linda A. Wells of Fine Jacobson Schwartz Nash Block & England, Miami, for appellant.

John T. Blakely of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellees.

FRANK, Judge.

In April of 1980 the City of Clearwater entered into a contract with certain owners of real property on Sand Key for the purpose of renourishing designated beach areas with sand dredged from the Clearwater Inlet. During the succeeding four years the owners became dissatisfied with the City's progress in achieving the contractual objective. Thus, the owners sued the City. Counts I and II of the amended complaint sought, alternatively, to require the City...

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