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BANANA RIVER PRO. v. CITY OF COCOA BEACH

No. 72-900.

287 So.2d 377 (1973)

BANANA RIVER PROPERTIES, a Florida Corporation, Appellant, v. CITY OF COCOA BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 23, 1974.

Attorney(s) appearing for the Case

William T. Taylor and Frank M. Wolfe of Wolfe, Kirschenbaum & Taylor, Cocoa Beach, for appellant.

William E. Weller of Rose & Weller, Cocoa Beach, for appellee.

MAGER, Judge.

This is an appeal by Banana River Properties, plaintiff below, from the entry of a summary judgment in favor of City of Cocoa Beach, defendant below.

The litigation arose as a consequence of plaintiff's efforts to have certain property rezoned. Plaintiff is the owner of property within the limits of the City of Cocoa Beach and petitioned the City of rezone the property in order to permit higher density residential use than that permitted under...

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