JACK ECKERD CORP. v. MICHELS ISLAND VIL. PHARM., INC.

No. 75-677.

322 So.2d 57 (1975)

JACK ECKERD CORPORATION et al., Appellants, v. MICHELS ISLAND VILLAGE PHARMACY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 12, 1975.


Attorney(s) appearing for the Case

Richard T. Bennison, MacKenzie, Castagna, Bennison & Gardner, Clearwater, for appellant Eckerd Corp.

Guy L. Kennedy, Jr., Acting City Atty., and N.S. Gould, Asst. City Atty., Clearwater, for appellant City of Clearwater.

Allen P. Allweiss, St. Petersburg, and Jack F. White, Jr., Clearwater, for appellee.


SCHEB, Judge.

This interlocutory appeal focuses on the question of whether a property owner, who does not allege a special injury, has standing to enjoin a municipality from issuing a building permit to allow construction which will vary from area standards required by the National Flood Insurance Program.1

The appellee, Michels Island Village Pharmacy, Inc. (Michels) was plaintiff below. By its amended complaint it alleged the...

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