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RINKER MATERIALS CORP. v. CITY OF BOYNTON BEACH

Nos. 75-1552 and 75-1553.

338 So.2d 1132 (1976)

RINKER MATERIALS CORPORATION, Appellant, v. CITY OF BOYNTON BEACH, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 29, 1976.

Attorney(s) appearing for the Case

Anne C. Booth, Hall & Booth, Tallahassee, and Toby Prince Brigham, Miami, for appellant.

Ernest G. Simon, Delray Beach, for appellee.

GREEN, OLIVER L., Jr., Associate Judge.

The judge below dismissed the appellant's complaint upon the ground that municipal administrative remedies had not been exhausted as to a zoning permit. This ruling was made at pre-trial conference, upon complaint and affirmative defense. We conclude that there were disputed issues of fact relating to this matter. We hold that an evidentiary hearing should have been held pursuant to the complaint and affirmative defense on this...

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