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TOWN OF LONGBOAT KEY v. KIRSTEIN

No. 77-135.

352 So.2d 924 (1977)

TOWN OF LONGBOAT KEY, Appellant, v. Paul H. KIRSTEIN and Philip P. Kirstein, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 5, 1978.

Attorney(s) appearing for the Case

Robert J. Elkins and Isaac Welch Whitesell, Jr. of Wood, Whitesell & Karp, Sarasota, for appellant.

Johnson S. Savary of Kirk, Pinkerton, McClelland, Savary & Carr, Sarasota, for appellees.

HOBSON, Judge.

Appellant appeals a final judgment entered wherein the trial court ordered

"... [A]nd the TOWN OF LONGBOAT KEY is directed to change the zoning of the above described real estate from R-2 to C-1 commercial use and the TOWN OF LONGBOAT KEY is enjoined from prohibiting the Plaintiffs from using their property under an appropriate C-1 use as established within the zoning ordinance."

Appellant contends, and we agree, that the final judgment...

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