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BOUCHER v. NOVOTNY

102 So.2d 132 (1958)

Daniel BOUCHER and Catherine Boucher, his wife, individually and as representatives of a class of persons similarly situated, Appellants, v. James A. NOVOTNY et al., O.H. Anderson, as Building Inspector of the City of Clearwater, the City of Clearwater, et al., Appellees.

Supreme Court of Florida.

April 16, 1958.

Attorney(s) appearing for the Case

Thompson & Cooper, Clearwater, for appellants.

Bussey & Simmons, St. Petersburg, for James A. Novotny and others.

Ben Krentzman, Clearwater, for O.H. Anderson, as Building Inspector of the City of Clearwater and the City of Clearwater and others, appellees.

THORNAL, Justice.

Appellants Boucher, who were plaintiffs below, seek reversal of a decree of the Chancellor dismissing with prejudice their amended complaint in an action to enjoin alleged violations of setback requirements of a municipal zoning ordinance.

The determining point is whether the appellants sufficiently alleged special damages peculiar to themselves to enable them to sustain a cause of action.

The property of appellants Boucher is located...

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