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Pensacola Advertising, Inc. v. Escambia County

Citations: 651 So. 2d 177; 1995 Fla. App. LEXIS 1643; 1995 WL 67005Docket: No. 94-1467

Court: District Court of Appeal of Florida; February 20, 1995; Florida; State Appellate Court

Narrative Opinion Summary

In this case, Pensacola Advertising, Inc. (PAI) challenged a county sign ordinance that required the removal of an off-premises sign relocated without a permit, seeking a permanent injunction against the ordinance's enforcement. PAI argued that it relied on an oral assurance from a county employee that suggested there would be no issues with the relocation. PAI claimed this reliance should invoke equitable estoppel to prevent the county from enforcing the ordinance. However, the trial court found PAI's reliance unreasonable due to the officer's extensive experience with the county's permitting processes, including experience in drafting sign ordinances and applying for permits. The court concluded that a professional in PAI's position should have recognized the insufficiency of relying solely on oral representations. The trial court's decision was supported by competent and substantial evidence, leading to the affirmation of the ruling allowing the county to enforce its ordinance. The appellate court upheld this decision, with two judges concurring and one judge dissenting.

Legal Issues Addressed

Equitable Estoppel in Enforcement of Municipal Ordinances

Application: Equitable estoppel was not applicable where the plaintiff's reliance on an oral assurance from a county employee was deemed unreasonable due to the plaintiff's extensive experience with local permitting processes.

Reasoning: The trial court found that PAI's reliance on the county employee's statement was unreasonable, given PAI's officer's extensive experience with the county's permitting processes, including drafting sign ordinances and applying for permits.

Judicial Review of Evidence in Trial Court Decisions

Application: The trial court's findings were upheld due to the presence of competent and substantial evidence supporting its decision, reinforcing the deference appellate courts give to trial court assessments of evidence.

Reasoning: These findings were supported by competent and substantial evidence, leading the court to decline the application of equitable estoppel.

Reasonableness of Reliance in Equitable Estoppel Claims

Application: The court determined that the plaintiff, a professional with significant experience in the relevant field, should have recognized the insufficiency of oral representations for legal compliance, thus negating the claim of reasonable reliance.

Reasoning: The court determined that a professional in PAI’s position should have recognized the insufficiency of the oral representation for relocating the sign in violation of the ordinance.