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CITY OF CAPE CANAVERAL v. CHESNICK

No. 69-90.

227 So.2d 502 (1969)

CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, Appellant, v. Thomas P. CHESNICK and James W. Sutherland, Appellees.

District Court of Appeal of Florida. Fourth District.

October 31, 1969.

Attorney(s) appearing for the Case

Stanley Wolfman, Merritt Island, for appellant.

OWEN, Judge.

The City of Cape Canaveral, defendant below, appeals from a final judgment whereby it was ordered to issue to appellees a building permit for the construction of certain gasoline pumps and underground storage tanks.

In 1964 appellant enacted a comprehensive zoning ordinance (No. 81-64). Uses permitted within the use district in question included service stations located 2,000 feet apart by the shortest driving route. In 1965 appellant enacted...

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