Vested Rights Restored On Appeal

On Friday December 11, 2020, the Second District Court of Appeals issued an opinion in the case of Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, case no. 2D19-1282, in favor of Persaud Properties FL Investments.  The Town had relied on an ordinance that prescribed that a nonconforming use to sell and consume liquor in the Town’s Erosion Control Zone was lost if consumption of alcohol on the premises was discontinued for any reason for a continuous nine-month period.  The unanimous court laid to rest any doubt that the second district requires intent on the part of the owner or operator for there to be an “abandonment” of a non-conforming use. The court extensively went through the case history discussing abandonment and ruled that Persaud Properties FL Investments’ clear intent was to only temporarily cease operations for purposes of renovations and repairs, and that Persaud Properties FL Investments had no intent to abandon the longstanding right to sell and consume alcohol on its beach area, thus validating Persaud Properties FL Investments’ nearly 5 year long battle to protect its property rights. Kevin HennessyRichard Green and Nicole Poot  represented Persaud Properties at trial and on appeal. Click here to access the full Opinion.