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TOWN OF DAYTONA BEACH SHORES v. FOSTER

Nos. C-294, C-295.

135 So.2d 903 (1961)

TOWN OF DAYTONA BEACH SHORES, a Municipal Corporation, Appellant, v. Walter E. FOSTER, Walter C. Newcomb, Richard Moores, Cullen H. Talton, and John M. Chryst as and constituting the South Peninsula Zoning District, Volusia County, Florida; and the Board of County Commissioners of Volusia County, Florida, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied January 16, 1962.

Attorney(s) appearing for the Case

Norton Josephson, Daytona Beach, for appellant.

Ollie Lancaster, Jr., Raymond, Wilson, Karl & Fink, Charles W. Luther, and W.W. Judge, Daytona Beach, for appellees.

CARROLL, DONALD K., Chief Judge.

The plaintiff town has appealed from two interlocutory orders entered by the Circuit Court for Volusia County in a declaratory decree suit brought by the plaintiff to determine whether it or the South Peninsula Zoning District, Volusia County, Florida, has the power to regulate zoning within the limits of the said town.

The Plaintiff alleges in its complaint that it is a municipal corporation organized and existing under Chapter...

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