Florida Canal pipe erosion

VictorD1,

First, how come you are not going after the contractor who installed the corrugated tubing instead of reinforced concrete, with said reinforced concrete being required by the permit?

Second, I think what you are really asking is: What are the chances of the HOA prevailing in a lawsuit against the city because the city appears to have improperly issued a permit, due to a city inspector's alleged negligence?

For discussion of litigation of this nature, try googling on the following set of words:

"negligence" "sue" "permit" "inspector"

See for example:

https://www.mikameyers.com/news/article/building-inspector-not-liable-for-improperly-constructed-residence

https://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1302&cclr

In the courts, the main question that arises seems to be whether there is a certain "duty" owed by the city (via its inspector's activities) to a land or building owner. The courts seem to say, "Nope, there is no such duty that would allow a land or building owner to prevail in a lawsuit against a city for negligence by its inspectors." But I have not checked Florida case law. Post back if you want some Florida case law.

I am posting to help prepare your HOA board for a meeting with an attorney. The more preparation you have, the less the HOA may end up paying the attorney.

The road is not private. It is owned by the county.

Have you looked at the orignal plat for the subdivision? It will tell you whether or not the road is public or private. The plat and the land deeds will show who has responsibility for the road.

The main road may be public, but it sounds like the road that goes over the pipe, into your neighborhood, is a private road that you are responsible for. My community in Florida has a road like that - open to the public but it's actually a private road and we are responsible for maintenance and replacement.

Your lawyer may have looked at the land records (we can find ours online at the county clerk's office) and determined that it is a private road. In that case you don't have any choice. And if the developer was the one that built the roads originally, you might have a case against them for substandard construction, but depending on how long it's been that may not be easy.

I am not an attorney. The following is my layperson's sound bite examination of the case law addressing the OP's question about whether a city inspector and city in the state of Florida may be liable for an improper permit.

The specific issue Florida courts (and likely all courts nationwide) appear to consider is:

What duty, if any, do city inspectors in Florida owe an individual citizen?

For Florida, and speaking only as a layperson, I think the most important case law on this is probably:

Trianon Park Condominium v. City of Hialeah, 1985, Florida Supreme Court, https://law.justia.com/cases/florida/supreme-court/1985/63115-0.html

From the Trianon decision, as quoted in the 2011 (non-binding) decision at https://cases.justia.com/federal/district-courts/florida/flmdce/8:2011cv01106/258391/25/0.pdf?ts=1428884954

"The government." which includes Counties of Florida, "has no responsibility to protect... or ensure the quality of buildings that individuals erect or purchase."

From this 2020 non-binding decision, https://cases.justia.com/florida/fourth-district-court-of-appeal/2020-19-1537.pdf?ts=1591801694 :
In Trianon, a tort suit, a plurality of the Florida Supreme Court answered the following certified question in the negative: "Whether a governmental entity may be liable in tort to individual property owners for the negligent actions of its building inspectors in enforcing provisions of a building code enacted pursuant to the police powers vested in that governmental entity.”

An attorney would have a lot more to say on this (doh).

Thank you for your reply. We have looked at those documents.

Vic