HARBIYA ABU KHADIER RHHA INC v. THE CITY OF FORT MYERS FLORIDA (2017)

District Court of Appeal of Florida, Second District.

HARBIYA K. ABU-KHADIER and RHHA, INC., Appellants, v. THE CITY OF FORT MYERS, FLORIDA, a Florida Municipal Corporation, Appellee.

Case No. 2D16-755

Decided: April 05, 2017

John N. Bogdanoff and Christopher V. Carlyle of The Carlyle Appellate Law Firm, The Villages, for Appellants. Theodore L. Tripp, Jr., and Allison B. Christensen of Hahn Loeser & Parks LLP, Fort Myers; and Grant W. Alley, City Attorney, Fort Myers, for Appellee.

We affirm the final summary judgment upholding the City of Fort Myers' Nuisance Abatement Board's order directing closure of a grocery store operated by RRHA, Inc., on property owned by Abu-Khadier, the Appellants. However, because genuine issues of material fact exist regarding Appellants' entitlement to compensation following the closure, we reverse the final summary judgment in favor of the City of Fort Myers on Appellants' complaint.

Affirmed in part, reversed in part, and remanded.

PER CURIAM.

CASANUEVA, CRENSHAW, and ROTHSTEIN-YOUAKIM, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network