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JOSEPHSON v. AUTREY

96 So.2d 784 (1957)

Norton JOSEPHSON, a Taxpayer of the City of Daytona Beach, Florida, on behalf of himself and all other persons similarly situated, Appellant, v. Henry AUTREY, Anthony J. Grezik, J. Kermit Coble, Hayward B. Brown, and E.W. Korb, as and constituting the Zoning Board of Appeals of the City of Daytona Beach, Florida; Carl Wetherell, as the duly qualified Building Inspector of the City of Daytona Beach, Florida; The City of Daytona Beach, Florida, a Municipality Organized and existing under the laws of the State of Florida; and Ucal W. Cunningham and Minna L. Cunningham, his wife, Appellees.

Supreme Court of Florida. En Banc.

Rehearing Denied September 21, 1957.

Attorney(s) appearing for the Case

Norton Josephson, in pro. per., for appellant.

Raymond, Wilson & Karl, Daytona Beach, for Ucal W. Cunningham and Minna L. Cunningham.

W.W. Judge, Daytona Beach, for City of Daytona Beach and Carl W. Wetherell, Building Inspector. Anthony J. Grezik, Daytona Beach, for Board of Zoning Appeals of Daytona Beach.

THORNAL, Justice.

Appellant Josephson, plaintiff below, seeks reversal of a final decree dismissing his complaint in a proceeding attacking the validity of the action of a zoning board of appeals purporting to grant a use variance to the appellees Cunningham.

Two points are involved, to wit: (1) under authority to grant a variance, may a zoning board of appeals permit a use prohibited by the zoning ordinance; and...

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