Main? What Main?

Developer and County had finished the plan approval process, when Developer discovered that the maps provided by the County showed water mains that existed only on the maps.  By a bureaucratic error, a design map had been labeled as an as-built map.  The Developer was obligated to construct the missing water main.

Developer sued the County for negligence and misrepresentation.  The trial court agreed and entered judgement for the Developer.  The appellate court disagreed, holding that the claim was barred by sovereign immunity.

Moral:  Trust but verify.  Hillsborough County v. Morris, 1999 WL 162147 (Fla. 2DCA 1999) (opinion subject to revision).

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