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SUNDSTROM v. COLLIER COUNTY

No. 79-2222.

385 So.2d 1158 (1980)

Waldron L. SUNDSTROM, Trustee, Appellant, v. COLLIER COUNTY, a Political Subdivision of the State of Florida, and Carl A. Clemmer, Zoning Director in and for Collier County, State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

July 9, 1980.

Attorney(s) appearing for the Case

Stephen M. Maher of Carroll, McPeak, Bolesky & Schryver, Naples, for appellant.

Anthony P. Pires, Jr., Asst. Collier County Atty., Naples, for appellees.

PER CURIAM.

This is an appeal from an order dismissing a petition for mandamus with prejudice. Appellant contends that the dismissal should have been without prejudice. We agree.

Appellant, as trustee, owned certain real property in Collier County, Florida on which he intended to construct a marina-boatel. He obtained a building permit, and ostensibly relying thereon, expended sums of money to construct the facility. Subsequently, the county zoning director...

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