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IDS PROPERTIES, INC. v. TOWN OF PALM BEACH

Nos. 71-1085, 72-79, 72-630 to 72-638.

279 So.2d 353 (1973)

IDS PROPERTIES, INC., a Nevada Corporation, Appellant, v. TOWN OF PALM BEACH, a Florida Municipal Corporation, et al., Appellees, (Two Cases). TOWN OF PALM BEACH, Etc., et al., Appellants, v. Jules T. GRADISON, Appellee. TOWN OF PALM BEACH, Etc., et al., Appellants, v. Fred GLADSTONE, Appellee. TOWN OF PALM BEACH, Etc., et al., Appellants, v. FAIRMONT CONVERTING CO., INC., Etc., Appellee. TOWN OF PALM BEACH, Etc., et al., Appellants, v. Morris LANSBURGH, As Trustee, Appellee. TOWN OF PALM BEACH, Etc., et al., Appellants, v. Perry KAYE, Appellee. TOWN OF PALM BEACH, Etc., et al., Appellants, v. Ralph H. SHERE et al., Appellees. TOWN OF PALM BEACH, Etc., et al., Appellants, v. Walter PORANSKI et Ux., Appellees. TOWN OF PALM BEACH v. FIRST BANK AND TRUST CO. OF BOCA RATON.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied July 3, 1973.

Rehearings Denied July 6, 1973.

Attorney(s) appearing for the Case

James E. Weber of Burns & Weber, West Palm Beach, and Walter H. Beckham, Jr., and Robert Orseck, of Podhurst Orseck & Parks, Miami, for appellant-IDS Properties, Inc.

H. David Faust, of Burns, Middleton, Farrell & Faust, Palm Beach, and Chester Bedell, of Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, for appellees-Town of Palm Beach, etc., and others.

H.L. Cooper, Jr., of O'Connell & Cooper, West Palm Beach, for appellees-Gradison, Lansburgh, Kaye, Shere and others, and Poranski et ux.

Larry B. Alexander, of Jones, Paine & Foster, West Palm Beach, for appellees-Gladstone and Fairmont Converting Co.

Wallis E. Schulle, of Fisher, Prior, Pruitt & Schulle, West Palm Beach, and Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, Chicago, Ill., for appellee-First Bank and Trust Co. of Boca Raton.

MAGER, Judge.

These several appeals and cross-appeals have been consolidated because they all involve the identical issue, i.e., whether the Comprehensive Zoning Plan and Ordinance of the Town of Palm Beach was enacted in violation of Section 286.011, F.S., commonly known as the "Government in the Sunshine Law".

Appellant, IDS Properties, Inc., the owner of certain real property located in the Town of Palm Beach, applied for a building permit thereon, and...

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