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ANDOVER DEVELOP. CORP. v. CITY OF NEW SMYRNA BEACH

Nos. W-332 and W-342.

328 So.2d 231 (1976)

ANDOVER DEVELOPMENT CORPORATION, Appellant, v. CITY OF NEW SMYRNA BEACH et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 29, 1976.

Attorney(s) appearing for the Case

George E. Adams, Adams, Gilman & Cooper, Orlando, for appellant.

Noah C. McKinnon and Dale K. Bohner, Coble, McKinnon, Reynolds & Rothert, Daytona Beach, and Charles A. Hall, New Smyrna Beach, for appellees.

Swann & Glass, Coral Gables, for amicus curiae.

RAWLS, Judge.

Zoning is the subject of this imbroglio. Plaintiff-appellant Andover has struggled for years to procure a building permit for a condominium apartment development on a large parcel of land (between 47 and 54 acres)1 in New Smyrna Beach. A condensed history will subsequently be related, but for the present suffice it to say that for a period of time Andover and New Smyrna Beach officials were in accord,

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