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Abu-Khadier v. City of Fort Myers

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 5, 2017
214 So. 3d 789 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–755

04-05-2017

Harbiya K. ABU–KHADIER and RHHA, Inc., Appellants, v. The CITY OF FORT MYERS, Florida, a Florida Municipal Corporation, Appellee.

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.


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.

PER CURIAM.

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.

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


Summaries of

Abu-Khadier v. City of Fort Myers

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 5, 2017
214 So. 3d 789 (Fla. Dist. Ct. App. 2017)
Case details for

Abu-Khadier v. City of Fort Myers

Case Details

Full title:HARBIYA K. ABU-KHADIER and RHHA, INC., Appellants, v. THE CITY OF FORT…

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Apr 5, 2017

Citations

214 So. 3d 789 (Fla. Dist. Ct. App. 2017)