Wednesday, May 20, 2009

The 3rd District Court of Appeal has overturned a Monroe County circuit judge's ruling in a landmark code enforcement case involving downstairs enclosures.

The new ruling says Monroe County does not have to prove when downstairs enclosures were created in order to enforce the law prohibiting them.

Circuit Judge David Auldin had ruled to the contrary, saying the county could not fine Big Pine Key resident Sandra Carter unless it could prove she, and not a previous owner, had installed the taboo room.