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HENLEY v. CITY OF CAPE CORAL

No. 72-443.

292 So.2d 410 (1974)

Shelby E. HENLEY, Individually and As Representative of Cape Coral Construction Industry Association, an Unincorporated Association, Appellant, v. CITY OF CAPE CORAL, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 23, 1974.

Attorney(s) appearing for the Case

Guy H. Amason, Jr., Roberts, Watson, Taylor & McNeil, Fort Myers, for appellant.

Clyde G. Killer, Fort Myers, for appellee.

MANN, Chief Judge.

Deeds to lots in Cape Coral contain some restrictions which are effective "until Cape Coral Subdivision shall become part of an incorporated municipality" and included the following:

"No trailers shall be allowed on any of the said lots. No lot shall be used as a junk-yard or auto grave-yard. No trucks or house trailers of any kind shall be permitted to be parked in this subdivision for a period of more than four hours, unless the same...

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