BERKOWITZ v. CITY OF TAMARAC

No. 93-3802.

654 So.2d 982 (1995)

Jeffrey L. BERKOWITZ, Trustee under unrecorded Declaration of Trust dated as of July 1, 1989, Appellant, v. The CITY OF TAMARAC, a Florida Municipal corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 14, 1995.


Attorney(s) appearing for the Case

Raoul G. Cantero, III of Adorno & Zeder, P.A., Miami and Leonard K. Samuels of Berger, Shapiro & Davis, P.A., as co-counsel, Fort Lauderdale, for appellant.

Rebecca Schlosser of the Law Office of Rebecca Schlosser, Fort Lauderdale, and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for appellee.


KLEIN, Judge.

Appellant's complaint, alleging breach of contract by the City of Tamarac, was dismissed because the court concluded that it was necessary for appellant to first exhaust his administrative remedies. We reverse.

In 1989 the city sold property on which it was operating some of its public works to appellant. The property was leased back to the city, however, until it could move the public works into a new facility, which was not yet complete. The...

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