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COOPER CITY v. BURGESS

No. 75-765.

340 So.2d 929 (1976)

COOPER CITY, a Florida Municipal Corporation, Appellant, v. Howard E. BURGESS, As Trustee for the Proposed First Western Bank of Broward County, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 11, 1977.

Attorney(s) appearing for the Case

Austin O. Bonidy, Miami, and H. David Faust, of Burns, Middleton, Farrell & Faust, Palm Beach, for appellant.

A.J. Ryan, Jr., of Ryan & Shahood, Dania, for appellee.

PER CURIAM.

Upon due consideration we are of the opinion that the trial court erred in directing the rezoning of plaintiff's property from the classification of P-1 to a classification of B-1.1 Cf. Orange County v. Butler Estates Corporation, Fla.App.4th 1974, 303 So.2d 66.

A review of the record reflects that the plaintiff failed to carry the burden of clearly demonstrating that the existing...

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