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PLANNING AND ZONING BOARD OF TOWN OF ORANGE PARK v. KAGER

No. DD-477.

351 So.2d 402 (1977)

PLANNING AND ZONING BOARD OF the TOWN OF ORANGE PARK, Etc., Appellant, v. John KAGER and Melissa Kager, Appellees.

District Court of Appeal of Florida, First District.

November 7, 1977.

Attorney(s) appearing for the Case

Claude L. Mullis, Jacksonville, for appellant.

Steven R. Heller, Jacksonville, for appellees.

SMITH, Acting Chief Judge.

The planning and zoning board of the Town of Orange Park appeals from a circuit court judgment granting appellees' petition for writ of certiorari and ordering the Town to grant a zoning exception in a residential area to permit use of a seven and a half acre tract for a school. The board denied the exception on several stated grounds, among them that the property is too small for a school and that noise, traffic and other characteristics...

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