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CITY OF BOCA RATON v. TRADEWIND HILLS, INC.

No. 1517.

216 So.2d 460 (1968)

CITY OF BOCA RATON, Appellant, v. TRADEWIND HILLS, INC., a Florida Corporation, and Texaco, Inc., a Delaware Corporation, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied January 8, 1969.

Attorney(s) appearing for the Case

Malcolm Anderson and Timothy P. Poulton, Boca Raton, for appellant.

Jack T. Brellis and James E. Glass of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for appellees.

McCAIN, Judge.

Defendant, City of Boca Raton, appeals a final judgment holding its filling station spacing ordinance invalid as applied to certain property owned by plaintiffs.

City Ordinance No. 339 of the City of Boca Raton requires a minimum distance of seven hundred fifty (750) feet between filling stations. Plaintiff, Tradewind Hills, Inc., owns a parcel of land on U.S. Highway No. 1 in the defendant city and plaintiff, Texaco, Inc., is contract vendee...

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