An Apopka restaurant and its owner have filed suit against the city and one of its code enforcement officers, alleging that the officer acted beyond his legal authority and caused delays and financial losses during the restaurant’s renovation. 

The complaint, filed Jan. 6 in Orange County Circuit Court, was brought by Valerie Sparkman individually and on behalf of Just Like Momma’s Soul Food and Wings LLC. The lawsuit names the city of Apopka and code enforcement officer David Whitty as defendants and seeks damages exceeding $50,000, court records show. 

According to the filing, Sparkman signed a commercial lease with the city in March 2024 to open the restaurant, which is now located at 44 E. Fifth St. at the Fifth Street Plaza. The complaint alleges that Whitty entered the premises on March 19, 2024, and about one week later, returned citing a noise complaint.  

On April 16, 2024, Whitty allegedly told Sparkman that a stop-work order had been issued and that all construction and renovation activity had to cease until a permit was obtained, according to the filing.

“By unilaterally fabricating and enforcing a Stop Work Order, Defendant Whitty exercised authority he did not and could not lawfully possess, causing Plaintiffs to suspend lawful business operations under color of official power,” the lawsuit states.

Relying on those statements, the plaintiffs said they halted work, hired a new contractor and retained an architect to meet what they believed were city requirements. The city later approved a permit on May 29, 2024, after what the plaintiffs describe as more than two months of delay. 

The complaint further alleges that in June 2024, city officials informed Sparkman that code enforcement officers do not have the authority to issue stop-work orders and that no such order had been issued against the restaurant. The city’s building director, John Hanson, also confirmed that only a licensed building inspector or the building director may issue a stop-work order, according to the lawsuit.  

The plaintiffs cite a September 2024 administrative investigation by the Apopka Police Department that concluded Whitty acted beyond the scope of his legal authority and that the work being done at the restaurant did not require a permit.  

The suit also notes that the city later recognized Whitty as its 2024 “Civilian of the Year” after the investigation had concluded. 

The complaint makes multiple claims, including negligence against the city, fraudulent and negligent misrepresentation against Whitty, due process and equal protection violations, and tortious interference with business relationships.  

The plaintiffs seek compensatory damages, costs, and other relief, including a jury trial. 

Attorney Tyne´ Michelle Evans, Sparkman’s daughter, declined to give an interview on the pending lawsuit. However, she emailed a statement for this story. 

“This case centers on government accountability,” Evans wrote in the email . “As detailed in the filed complaint, we allege that actions taken by a City of Apopka employee, acting under color of law and without lawful authority, caused significant financial harm to a local small business and its owner by delaying the business’s ability to open and operate, and caused significant emotional harm to the business owner. The complaint further alleges that the City of Apopka bears responsibility for these actions and the resulting harm. We look forward to the facts being evaluated through the judicial process.” 

The Apopka Police Department declined to comment for this story.  

“We will not be releasing any statement regarding this lawsuit,” APD spokeswoman Sgt. Jennifer Rudich said in an email to The Apopka Chief.