An educational blog devoted to Florida contruction law topics by Florida Bar Board Certified Construction Lawyer, Trenton "Trent" Cotney. Please visit www.trentcotney.com for more information. Disclaimer below.
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City could annex 97 acres for new homes
A landowner wants Palm Beach Gardens to annex 97.4 acres to build a single-family home community.
The Salvatore J. Balsamo Trust filed an application with the city to annex and develop its vacant property just west of the municipal golf course at 11401 Northlake Blvd. It’s on the east side of the Avenir project, where the city recently approved 3,985 homes plus commercial space for Landstar Development Group.
Balsamo’s project would be called Ancient Tree. It would have 97 single-family homes, a clubhouse, a gym, tennis courts, a playground and two lakes. The project would set aside 15.2 acres for golf recreation dedicated to the city and 2.2 acres of community recreation, including a golf cart path from its clubhouse to the municipal golf course.
The application said the community would have all the amenities of a traditional country club without the annual dues associated with a golf course. Palm Beach Gardens has many golf club communities, which often require pricey annual memberships or equity buy-ins.
The homes would be custom built. The application doesn’t say whether Balsamo, the long-time property owner, has the site under contract to a home builder.
Kathryn Dewit of planning firm Cotleur Hearing, who represents Balsamo in the application, couldn’t immediately be reached for comment.
The elements necessary to state a cause of action for fraud in the inducement are 1) a false statement concerning a material fact, 2) knowledge by the person making the statement that the representation is false, 3) intent by the person making the statement that the representation will induce another to act upon it, and 4) reliance on the representation to the injury of the other party. Mettler, Inc. v. Ellen Tracy, Inc., 648 So.2d 253 (Fla. 2d DCA 1994). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com
A claim for unjust enrichment may be brought against a contractor or owner as an equitable claim to address unexecuted change orders. As the Court stated in Della Ratta v. Della Ratta, 927 So.2d 1055 (Fla. 4th DCA 2006), "to state a claim for unjust enrichment, a plaintiff must plead the following elements:1) the plaintiff has conferred a benefit on the defendant;2) the defendant has knowledge of the benefit;3) the defendant has accepted or retained the benefit conferred;and 4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it." Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333http://www.glennrasmussen.com
Butler v. Yusem, 44 So.3d 102 (Fla. 2010): "there are four elements to fraudulent misrepresentation: (1) a false statement concerning a material fact; (2) the representor's knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the representation."
Trenton H. Cotney Board Certified in Construction LawTrent Cotney, P.A.1207 N Franklin St, Ste 222Tampa, FL 33602(813) 579-3278www.trentcotney.com