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WILLUMSEN v. HORTON

No. 74-1003.

307 So.2d 833 (1975)

William G. WILLUMSEN et al., Appellants, v. Rex S. HORTON, Trustee, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 25, 1975.

Attorney(s) appearing for the Case

Thomas M. Gallen, Miller, Gallen, Kaklis & Venable and Paul E. Logan, Goodrich & Hampton, Bradenton, for appellants.

Daryl J. Brown, Rosin, Abel, Band & Rosin, Chartered, Sarasota, for appellees.

SCHEB, Judge.

Appellants, members comprising the Whitfield Zoning District, seek review by interlocutory appeal from an order denying their motion to dismiss Count II of the appellees' amended complaint for declaratory judgment. Appellees-plaintiffs in Count I sought declaratory relief that their lands are not embraced within the Whitfield Zoning District (referred to hereafter as "District"); in Count II they allege the District is estopped to exercise its zoning...

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