In Henly v. McDonald, 971 So.2d 998 (Fla. 4th DCA 2008), the court found that the existence of a code enforcement action against property constitutes a cloud on the title. This case involved a dispute over a home sale when the code enforcement action was brought while the property was under contract, but the key finding is critical in other areas.
By clouding title to the property, the imposition of a code enforcement order or lien impugns the property and therefore implicates the due process clause -- substantive and procedural - and could involve 42 USC 1983 - including damages if the order is improperly applied or prosecuted.
Section 162.06(5) provides that setting a code enforcement matter for hearing puts notice disclosure requirements on a property owner selling the property. Harm therefore can attach to the property owner based only on the code enforcement officer's non-noticed, non-hearing determination that a violation exists. The statute therefore creates the possibility of a pre-hearing deprivation of property. This is in addition to the (uncorrected) problems in the statute and many ordinances identified in Massey v. Charlotte County and Wilson v. County of Orange.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Năm, 18 tháng 9, 2008
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
That's the lede in this solid article on South Florida lawyers starting to make deals again, by the always intrepid Julie Kay: Jim Meye...
-
Aggravated Stalking Felony If you have been charged with ASSA6001 AGGRAVATED STALKING you can c all a Defense Attorney Tampa at 1-877-793-92...
-
Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Gin Gibsons sexy Israelis Hitler Alfred E. Neumann windsurfing Bo Derek ...
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
-
Boy, this is the story that keeps on giving. I really love the way Carvalho has handled the whole emails to his lover thing, because it s...
Không có nhận xét nào:
Đăng nhận xét