CITY OF FORT WALTON BEACH, FLORIDA, APPELLANT,
v.
SOUTHERN STATE STEEL CORPORATION, APPELLEE
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This case involves a dispute over a lease agreement for property owned by the City of Fort Walton Beach. The court affirmed a declaratory decree that upheld the lessee's right to operate a concrete plant on the property, finding that the city's actions waived a written consent requirement for assignment and that the use was permissible under the lease terms.
Yes, the city's issuance of the building permit satisfied or waived the requirement for written consent to assign the lease. The court could not find as a matter of law that the concrete plant did not comply with the lease's use restrictions.
“the city's issuance of a building permit in the name of Davis's firm, Atlas Concrete Company, for the express purpose of erecting a concrete plant on the property in question either satisfied or waived the requirement in the lease for written consent for assignment.”
This quote establishes the court's reasoning for finding that the city waived or satisfied the lease's consent requirement.
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Join FLexlaw to unlock all legal intelligenceThe City of Fort Walton Beach leased property to Southern State Steel Corporation. Davis, intending to operate a concrete plant, purchased the appelle…
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This appeal is from a declaratory decree determining the rights of the parties under a lease. There is sufficient basis in this record to support the chancellor’s apparent conclusion that Davis purchased the Appellee Corporation for the sole purpose of putting his concrete plant on the leased property, which purpose was at the time known to the city, and that the city’s issuance of a building permit in the name of Davis’s firm, Atlas Concrete Company, for the express purpose of erecting a concrete plant on the property in question either satisfied or waived the requirement in the lease for written consent for assignment. Also without merit is Appellant’s contention that the concrete plant is not a use permissible under the terms of the lease. The lease provides that the property will be used “ * * * only for such purposes as comply with existing zoning ordinances * * * and only for industrial purposes .as defined by Ordinance 100.” Since this record contains only a few sentences from the applicable zoning provision, none of Ordinance 100, and conflicting testimony, this court cannot as a matter of law find that the concrete plant Davis desires to erect does not comply with the use restriction contained in the *617lease. As to the other points the Appellant has failed to clearly demonstrate reversible error.
Affirmed.
CARROLL, DONALD K., Acting C. J., and JOHNSON, J., concur.
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City OF Fort Walton Beach v. S. States Steel Corp., 268 So. 2d 416 (Fla. 1st DCA 1972)…ng been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed. See City of Fort Walton Beach, Florida v. Southern State Steel Corporation, 202 So. 2d 616 (Fla.App. 1967). SPECTOR, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.…
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City OF Fort Walton Beach v. S. State Steel Corp., 249 So. 2d 62 (Fla. 1st DCA 1971)…SPECTOR, Judge. Following the first appearance of this case before this court in City of Fort Walton Beach v. Southern State Steel Corporation, 202 So. 2d 616, a jury trial was had on the question of damages only in plaintiff-appellee’s suit against appellant for damages for breach of a lease agreement. The jury returned a verdict in appellee’s favor in the amount of zero dollars. Thereafter, plaintiff-ap…
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Horatio Enters., Inc. v. Rabin, 566 So. 2d 73 (Fla. 3d DCA 1990)…(Fla. 1st DCA 1977); Gould v. Ruzakowski, 345 So. 2d 842 (Fla. 3d DCA 1977); Tollius v. Dutch Inns of America, Inc., 244 So. 2d 467 (Fla. 3d DCA 1970), cert. denied, 247 So. 2d 437 (Fla.1971); City of Fort Walton Beach v. Southern State Steel Corp., 202 So. 2d 616 (Fla. 1st DCA 1967); Great Southern Aircraft Corp. v. Kraus, 132 So. 2d 608, 609 (Fla. 3d DCA 1961). Affirmed.…