Roth v. Charter Club, Inc.

Robert Roth appeals the dismissal, with prejudice, of the amended complaint in this action for a declaratory judgment. Because this case properly pleaded the elements for a declaratory judgment, see Coalition for Adequacy and Fairness in School Funding, Inc. v. Chiles, 680 So.2d 400 (Fla.1996), we reverse and remand for further consistent proceedings.

Roth is the owner of a commercial unit of approximately 10,000 square feet in The Charter Club. When he purchased the unit in 1997, he applied for, and received from the City of Miami, a Class II Special Permit, a new zoning permit which included…