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MARKHAM v. MacCABEE INVESTMENTS, INC.

No. 47433.

343 So.2d 16 (1977)

William MARKHAM, As Broward County Property Appraiser, Petitioner, v. MacCABEE INVESTMENTS, INC., a Florida Corporation, Respondent.

Supreme Court of Florida.

Rehearing Denied March 30, 1977.

Attorney(s) appearing for the Case

Gaylord A. Wood, Jr., and Martin H. Cohen of Wood & Cohen, Fort Lauderdale, for petitioner.

Mallory H. Horton of Horton, Perse & Ginsberg, and Dubbin, Schiff, Berkman & Dubbin, Miami, for respondent.

William M. Barr, of Raymond, Wilson, Conway, Barr, Burrows & Abraham, Daytona Beach, for James Bailey, as Tax Assessor of Volusia County, and Volusia County, amici curiae.

OVERTON, Chief Justice.

This cause is before us on petition for writ of certiorari to review a decision of the Fourth District Court of Appeal reported at 311 So.2d 718 (Fla. 4th DCA 1975).

The trial court held that a private party's leasehold interest in a municipally owned facility used primarily for theater productions was taxable. The Fourth District Court of Appeal reversed, holding the leasehold was tax exempt because...

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