Apopka Restaurant Owner Files Lawsuit Against City Over Alleged Code Enforcement Overreach

Just Like Momma’s Soul Food and Wings, a cherished dining spot in Apopka, has initiated legal proceedings against the city and a code enforcement officer, alleging unauthorized actions that disrupted their business operations.

 

Owner Valerie Sparkman contends that in March 2024, shortly after leasing the property at 44 E. Fifth St., code officer David Whitty entered the premises without proper authority. A week later, he returned, citing a noise complaint.

 

On April 16, 2024, Whitty allegedly informed Sparkman of a stop-work order, demanding all renovation activities cease until a permit was obtained. This directive led Sparkman to halt work, hire a new contractor, and consult an architect, resulting in over two months of delays and financial strain.

 

In June 2024, city officials clarified that code enforcement officers lack the authority to issue stop-work orders. An administrative investigation in September 2024 concluded that Whitty had acted beyond his legal scope and that the restaurant's renovations did not require a permit.

 

Despite these findings, Whitty was honored as the city's 2024 “Civilian of the Year.”

 

The lawsuit, filed on January 6, 2026, in Orange County Circuit Court, seeks damages exceeding $50,000 for negligence, misrepresentation, and violations of due process and equal protection rights.

 

Attorney Tyne´ Michelle Evans, Sparkman’s daughter, emphasized the case's focus on government accountability, alleging significant financial and emotional harm caused by the city's actions.

 

The Apopka Police Department declined to comment on the pending litigation.