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ZUKOWSKI v. CITY OF CASSELBERRY

No. 69-444.

244 So.2d 179 (1971)

Joseph ZUKOWSKI, James R. Gilpin, Ruth C. Hudson, Marie H. Dolan, D. Van Der Linden and B.G. Americk, and Others Similarly Situated, Appellants, v. CITY OF CASSELBERRY, a Municipal Corporation under the Laws of the State of Florida, and Edith Duerr, Thomas E. Napier, Richard Wirz, Louis Kirby and Bill Grier, As City Commissioners of the City of Casselberry, and Henry J. Connell and Bernice Connell, His Wife, and Richard S. Lusk and Marion E. Lusk, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

February 17, 1971.

Attorney(s) appearing for the Case

Robert G. Petree, of Bornstein, Petree & Gluckman, Orlando, for appellants.

Richard S. Rhodes, Winter Park, for appellees.

WALDEN, Judge.

Plaintiff below appeals from dismissal with prejudice of his action brought for review of a zoning change.

In July 1968 defendants filed an application with the City of Casselberry requesting that their property which was zoned R-1, single family residence, be changed to R-3, multiple family residence. The request was considered by the zoning board on several occasions. Although the only recorded vote showed the board opposed to the request...

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