The owner of the property where the Apopka City Center’s Winn-Dixie is located has demanded a preliminary injunction so the city of Apopka doesn’t revoke the supermarket’s temporary certificate of occupancy (TCO) and to modify the property owner’s work permit.
On Friday, November 17, property owner CPPB LLC filed a verified emergency motion for preliminary injunction with the Orange County Circuit Court of the Ninth Judicial Circuit.
According to the November 17 document, “CPPB is likely to succeed on the merits of its claim for injunctive relief as the City has arbitrarily and capriciously refused to process the permit modification request and refused to extend the TCO which expired on November 22, 2023. The City should be equitably estopped from revoking and/or failing to extend the TCO as CPPB has and will incur substantial costs based on its reliance upon the TCOs.
“As set forth above, CPPB turned over occupation of the leased premises on Parcel A in reliance on the City issuing the TCO on August 1, 2023, and has leased additional space to two other tenants. Winn Dixie opened for business on August 16, 2023, employing over 100 workers, and provides much-needed service to the surrounding community. Mere days after opening, despite the express easement allowing CPPT to erect the light poles on the access road and without a permit to do so, Taurus [Apopka City Center LLC] demolished the light poles. CPPB in good faith cut power to the light poles and erected temporary lighting on the access road at its own expense. On August 31, 2023, the City issued another TCO conditioning the issuing the CO, on allowing, among other things, ‘ten weeks for the lighting to be completed.’ … The City has arbitrarily and capriciously rejected every attempt by CPPB to complete the lighting.”
The document argues that “the City has refused to process CPPB’s September 13, 2023 permit application for over two months despite City officials acknowledging that the request is code compliant at a November 1, 2023 meeting. The City has instead advised CPPB that the permit modification request is on hold pending CPPB resolving its dispute with Taurus. CPPB’s dispute with Taurus has no bearing on the City processing the permit modification request and violating the Florida Building Code. The City has also refused to extend the TCO beyond November 22, 2023, despite CPPB offering several alternative solutions.”
The city of Apopka filed a Tuesday, November 21, response with the Orange County Circuit Court of the Ninth Judicial Circuit. According to this document, “the City respectfully requests the Court deny CPPB’s Motion for injunctive relief,” the document states.
“In this case, CPPB attempts to turn a private dispute between itself and Taurus into a dispute involving the City. CPPB’s request for a temporary injunction fails because there is no irreparable harm, there are adequate remedies at law, and CPPB is not likely to succeed on the merits due to its own actions,” the city’s response reads.
This is a developing story.
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