Legal Opinion

Chmielewski v. City of St. Pete Beach, Florida

District Court of Appeal of Florida

Decided August 27, 2014No. 2D13-4923Published

1Opinion of the Court

LaROSE, Judge.

Chester J. and Katherine A. Chmielew-ski, the original parties in this case, 1 appeal the trial court’s order granting, with prejudice, the City of St. Pete Beach’s motion to dismiss their complaint for failure to state a cause of action. The Chmielewskis had filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R. App. P. 9.030(b)(1)(A), and reverse.

The Chmielewskis own a home on subdivision property in the City near the Don Cesar hotel. In 2006, the Chmielewskis sued the City to quiet title to a beachfront parcel adjacent to their residential…

2Cases cited15 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Board of Public Instruction of Broward Cty. v. DoranSupreme Court of Florida · 1969
  3. Canney v. Board of Pub. Instruction of Alachua Cty.Supreme Court of Florida · 1973
  4. Lightbourne v. McCollumSupreme Court of Florida · 2007
  5. Neu v. Miami Herald Pub. Co.Supreme Court of Florida · 1985

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