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SILVERTHORNE v. CITY OF PORT ORANGE

No. GG-356.

356 So.2d 36 (1978)

Robert SILVERTHORNE et al., Appellants, v. CITY OF PORT ORANGE, Florida et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 4, 1978.

Attorney(s) appearing for the Case

S. LaRue Williams and Thomas S. Hart of Kinsey, Vincent, Pyle & Williams, Daytona Beach, for appellants.

Wayne L. Hogeboom of Becks & Becks, Daytona Beach, for appellees.

SMITH, Acting Chief Judge.

Plaintiffs appeal from a final judgment dismissing their complaint for a declaration of the invalidity of an annexation ordinance adopted by the City of Port Orange. The ordinance was adopted pursuant to Section 171.044, Florida Statutes (1975), authorizing municipalities to annex contiguous property upon the voluntary petition of the owners. These plaintiffs were among the petitioners for annexation. The trial court held:

By virtue...

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