City of Clearwater v. Field Construction Associates, Inc.

In this action for declaratory judgment and other relief, the lower court entered a final judgment granting plaintiff/appellee’s motion for summary judgment. The court held that the doctrine of equitable estoppel applied. According to the court the defendant/appellant City of Clearwater was es-topped to deny a building permit to appel-lee (a developer) in that appellee had relied to its detriment upon a zoning ordinance which was later changed. We reverse. It cannot be said that appellee met its “ . . . burden of showing conclusively that genuine issues of material fact do not exist.” Holl v.…