SHALIMAR POINTE OWNERS v. JMJ/BAYCLUB

No. 98-846.

745 So.2d 1129 (1999)

SHALIMAR POINTE OWNERS ASSOCIATION, INC., and Okaloosa County, a political subdivision of the state of Florida, Petitioners, v. JMJ/BAYCLUB, INC., Dan Beraha, and Ellen Beraha, Respondents.

District Court of Appeal of Florida, First District.

December 16, 1999.


Attorney(s) appearing for the Case

D. Michael Chesser and Christa L. Swanick of Chesser, Wingard, Barr, Whitney, Flowers & Fleet, P.A., Shalimar; and Jerome A. Zivan, Niceville, Attorneys for Petitioner Shalimar Pointe Owners Association, Inc.

John R. Dowd, Shalimar, Attorney for Petitioner Okaloosa County.

Richard H. Powell of Powell & Strom, P.A., Ft. Walton Beach, Attorney for Respondents.


PER CURIAM.

This cause is before us on a petition for writ of certiorari from the circuit court's ruling approving issuance of a land development permit. The circuit court erred in collaterally estopping Petitioner from challenging the permit. The identical issue had not been litigated previously by the same parties and Petitioner was not in privity with any party to the previous adjudication. Stogniew v. McQueen, 656 So.2d 917<...

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