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STATE EX REL. WILCOX v. T.O.L., INC.

No. 1189.

206 So.2d 69 (1968)

STATE of Florida ex rel. Thomas W. WILCOX, Henry F. Erfurt, John G. Ellis, Jr., Charles A. Baldwin, Vernon Stanford, Frederick M. Armstrong, Paul L. Chell, David E. Barns, Herbert R. Moss and George Johnson, Appellants, v. T.O.L., INC., a Corporation Existing under the Laws of the State of Florida, Appellee.

District Court of Appeal of Florida. Fourth District.

January 16, 1968.

Attorney(s) appearing for the Case

Palmer W. Collins, of Collins & Clark, Indian Harbour Beach, for appellants.

Robert L. Nabors, of Crofton, Holland, Starling & Goshorn, Titusville, for appellee.

GONZALEZ, JOSE A., Jr., Associate Judge.

Appellants are boat owners and yachtsmen who own property abutting certain waterways in Brevard County, Florida. These dedicated public waterways flow into a larger waterway known as the Mosquito Control Canal upon which they have normally operated their boats and thereby gained access to the Banana River and the sea.

They appeal a final decree dismissing their action to enjoin an alleged public nuisance, to wit: The...

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