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RINKER MATERIALS CORPORATION v. CITIZENS AND PROPERTY OWNERS OF SEVENTH AVENUE NEIGHBORHOOD

Nos. 74-1460 and 74-1461.

313 So.2d 80 (1975)

RINKER MATERIALS CORPORATION, Appellant, v. CITIZENS AND PROPERTY OWNERS OF the SEVENTH AVENUE NEIGHBORHOOD, a Non-Profit Organization, et al., Appellees. The ZONING BOARD OF APPEALS OF the CITY OF LAKE WORTH, Appellant, v. CITIZENS AND PROPERTY OWNERS OF the SEVENTH AVENUE NEIGHBORHOOD, a Non-Profit Organization, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 1975.

Attorney(s) appearing for the Case

James F. Jackson, West Palm Beach, for appellant in Case No. 74-1460.

Carl V.M. Coffin, Lake Worth, for appellant in Case No. 74-1461.

Larry Klein of Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for appellees-Citizens and Property Owners, Hope and Remine.

PER CURIAM.

Upon due consideration of the briefs and record on appeal we are of the opinion that the order of the trial court was erroneous. In reviewing by writ of certiorari an order entered by the Zoning Board of Appeals of the City of Lake Worth pertaining to the granting of a special exception for the use of certain property, the trial court apparently undertook to conduct a de novo proceeding taking additional evidence...

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