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BAY VIEW INVESTMENTS, INC. v. GRIGSBY

No. 68-135.

219 So.2d 760 (1969)

BAY VIEW INVESTMENTS, INC.; Anthony J. Spoto; and R.S. Clarke, Dick A. Greco, Sr., John F. Roker, Adine S. Smith and Maurice L. Young, As and Constituting the City of Tampa Board of Adjustment, Appellants, v. Paul R. GRIGSBY and Medicenters of America, Inc., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 21, 1969.

Attorney(s) appearing for the Case

James G. Stephenson, of Brown, Dixon & Shear, Tampa, for appellant, Anthony J. Spoto.

Howard L. Garrett, of Garrett & Garrett, Tampa, for appellant, Bay View Investments, Inc.

Wm. Reece Smith, Jr., and Lewis H. Hill III, Tampa, for appellant, City of Tampa Bd. of Adjustment.

Thomas E. Henderson, of Cason, Hawkins, McWhirter & Henderson, Tampa, for appellees.

MANN, Judge.

Appellee Medicenters of America applied, through its agent Burt, for a permit to build a convalescent hospital between the pair of one-way streets leading to and from Tampa General Hospital, nearby across the Davis Islands Bridge. Such a facility can be built in Tampa only on land zoned R-4 pursuant to an ordinance which reads:

"(b) Conditional uses. After a review of an application and hearing thereon, if the board of adjustment finds as a fact...

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