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TOWN OF PALM BEACH v. STATE EX REL. STEINHARDT

No. 75-437.

318 So.2d 193 (1975)

TOWN OF PALM BEACH, a Florida Municipal Corporation, et al., Appellants, v. STATE ex rel. Milton F. STEINHARDT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 29, 1975.

Attorney(s) appearing for the Case

H. David Faust, Burns, Middleton, Farrell & Faust, Palm Beach, for appellants.

Michael B. Davis, Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellee.

WALDEN, Chief Judge.

This is an appeal by the Town of Palm Beach from an order of mandamus entered by the trial court directing the Town to issue a paving permit to appellee, Mr. Steinhardt. We reverse that order on the grounds that there was no clear legal right on the part of appellee to be issued that permit.

The Palm Beach Code § 33-1 defines basement as follows:

"Basement. A story, the floor of which is two feet or more underground...

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