A restaurant owning couple in Florida received some good news this week, when their local government decided to back away from
levying $1000 per day fines against the duo because of a previously undisclosed conservation easement. The battle with Florida officials lasted nearly two years. The problem began when a code inspector stumbled onto the restriction while doing a routine inspection for a liquor license.
Robert and Anita Breinig, owners of the
Flash Beach Grille and food service veterans with 17 years of experience, were shocked to learn of a 40 foot by 70 foot conservation easement on their plot of land. According to
FloridaWatchdog.org, the county failed to record the easement, set in place in 1990, and as such, the Breinigs (and the previous landowners) had no knowledge of the restrictions. Local officials initially threatened to levy a fine of $1000USD per day against the couple for violating the easement, but backed down thanks to legal pushback from the
Pacific Legal Foundation's Florida-based Atlantic Center. Florida state law states that good-faith buyers have protection from undisclosed items such as this when purchasing property.
The county would have likely been found to be violating state law if they proceeded with the fines, but only if the Breinigs were to have fought in court. Luckily, thanks to help from PLF, the county has agreed to redraw the conservation plot, as well as provide the couple with $1000 USD for approved landscaping.
There are a lot of struggles to face when opening a restaurant, what problems have you run into with your establishment? Let us know via Facebook, Twitter and Google+.
Source:
FloridaWatchdog.org
Image Credit (Flickr)
Tablebases.com
