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LEWIS v. HOWANITZ

No. 79-924.

378 So.2d 310 (1979)

Margaret A. LEWIS, James T. Moriarty, Kate T. Moriarty, and Sarah J. Johnson, Appellants, v. Purie HOWANITZ, Gerald Hernandez, Jr., Richard Kerr, Don Schloesser and Jerome V. Shipley, As and Constituting the Board of County Commissioners of Monroe County, Florida; Mike's Lounge and Package Store, Inc, a Florida Corporation; and Mike McCune, Individually, and D/B/a Mike's Lounge and Package, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

December 28, 1979.

Attorney(s) appearing for the Case

Edward B. Johnson, Jr., Key West, for appellants.

Richard G. Payne, Key West, Albert I. Caskill, Key Largo, for appellees.

Before SCHWARTZ and NESBITT, JJ., and EZELL, BOYCE F., Jr., (Ret.), Associate Judge.

SCHWARTZ, Judge.

The appellants were the plaintiffs below in an action seeking review of a Monroe County Commission resolution which granted a change of zoning to permit Mike's Lounge and Package Store, Inc., one of the defendants-appellees, to open a bar in a formerly residential area. Their initial complaint was dismissed with prejudice by the lower court on the apparent ground that its allegations indicated that the action had been filed beyond the time permitted...

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