Opinion
No. 86-332.
December 24, 1986.
Appeal from the Circuit Court for Lake County; Jerry T. Lockett, Judge.
Morton D. Aulls, and Clayton H. Blanchard, Jr., of Cauthen, Robuck Hennings, P.A., Tavares, for appellant.
Bernard H. Dempsey, Jr., and Manuel Socias of Dempsey Goldsmith, P.A., Orlando, for appellee.
AFFIRMED.
DAUKSCH, J., and JOHNSON, WILLIAM C., Jr., Associate Judge, concur.
COBB, J., concurs specially with opinion.
The issue here, as I see it, is whether a city can be held liable for nuisance, absent a taking of private property and absent operational negligence on its part, as a result of implementation of a planning decision by its governing body to construct or expand a municipal sewage treatment plant. See Trianon Park Condominium Assoc., Inc. v. City of Hialeah, 468 So.2d 912 (Fla. 1985). Therefore, I concur in affirming the summary judgment entered by the trial court.
The plaintiff's action for inverse condemnation was dismissed and not appealed; his actions for trespass and negligence admittedly were unsupported by the evidence. Therefore, only his nuisance action is in dispute.