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TOWN OF MALABAR v. STATE EX REL. ESTATE OF NELSON

No. 344.

195 So.2d 43 (1967)

TOWN OF MALABAR, a Municipal Corporation under the Laws of the State of Florida, Appellant, v. STATE of Florida ex rel. ESTATE of Clarence W. NELSON, by Nannie Merle Nelson, Executrix, Lionel Q. Hurt and Florence Tripp, Appellees.

District Court of Appeal of Florida. Fourth District.

February 15, 1967.

Attorney(s) appearing for the Case

Frank Clark, III, Indialantic, for appellant.

Edward L. Trader, Melbourne, for appellees.

WALDEN, Chief Judge.

Three property owners sued to obtain the removal of their lands from within the corporate limits of the Defendant-Town of Malabar. A final decree of ouster was entered. The Town of Malabar appeals. We reverse.

As support for ouster, the chancellor found, inter alia:

"3. That the lands owned by the relators herein are wild, unimproved, raw, undeveloped lands and that there are no permanent improvements of any kind located on said...

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