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ROSE v. TOWN OF HILLSBORO BEACH

No. 1923.

216 So.2d 258 (1968)

Carl A. ROSE and Eileen Rose, and Rose Construction Company, a Florida Corporation, Appellants, v. TOWN OF HILLSBORO BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

December 10, 1968.

Attorney(s) appearing for the Case

James J. Linus, of McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellants.

Russell B. Clarke, of Clarke & O'Brien, Pompano Beach, for appellee.

WALDEN, Chief Judge.

This is an appeal from a declaratory judgment which construed ordinance No. 68 of defendant, Town of Hillsboro Beach. The portion construed, Article 6, Section 3, is entitled "Height Regulations" and provides in part:

"* * * No building shall exceed ten (10) stories in height. This provision shall not apply to necessary service and mechanical appurtenances or their appropriate housing."

As a point of beginning, the Town's ordinance...

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