BERKE v. CITY OF MIAMI BEACH

No. 90-632.

568 So.2d 108 (1990)

William BERKE, Appellant, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

October 16, 1990.


Attorney(s) appearing for the Case

John D. Prior, Jr., Sunrise, for appellant.

Laurence Feingold, City Atty., and Debora J. Turner, Asst. City Atty., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


SCHWARTZ, Chief Judge.

Directly contrary to the judgment below, which dismissed with prejudice the plaintiff-appellant's complaint for declaratory relief and to quiet title, we conclude as a matter of law that the defendant city was not entitled to a lien on the appellant's realty for water and sewer services provided to his tenants.

The facts underlying the controversy are wholly undisputed. In the late 1980s, the City of Miami Beach specifically agreed to...

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