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CITY OF PALM BAY v. WELLS FARGO BANK, N.A.

No. 5D09-1810.

57 So.3d 226 (2011)

CITY OF PALM BAY, Appellant, v. WELLS FARGO BANK, N.A., Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2011.

Attorney(s) appearing for the Case

James D. Stokes , City Attorney, and Andrew P. Lannon , Deputy City Attorney, City of Palm Bay, for Appellant.

Tracy A. Mitchell and Keith Poliakoff of Becker & Poliakoff, P.A., Amicus Curiae, Town of Southwest Ranches, Fort Lauderdale, for Appellant.

Matthew J. Conigliaro and Stephanie C. Zimmerman of Carlton Fields, P.A., St. Petersburg, and Michael K. Winston of Carlton Fields, P.A., West Palm Beach, for Appellee.

COHEN, J.

The issue in this appeal is whether the City of Palm Bay can grant its code enforcement liens superpriority over a prior recorded mortgage. We conclude it cannot because Palm Bay's ordinance conflicts with a state statute: section 695.11, Florida Statutes.

In 1997, Palm Bay enacted ordinance 97-07, creating its code enforcement board. Although incorporating by reference the procedures and remedies in Chapter...

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