WHITE v. NASIR

No. PP-168.

381 So.2d 335 (1980)

George E. WHITE, Jr. et al., Appellants, v. Allah Rakha NASIR et Ux., Appellees.

District Court of Appeal of Florida, First District.

March 25, 1980.


Attorney(s) appearing for the Case

Thurston A. Shell, of Shell, Fleming, Davis & Menge, Pensacola, for appellants.

No appearance for appellee.


ROBERT P. SMITH, Jr., Judge.

Considering appellees' bona fides, the location of their building setback violation, its minimal impact upon the value, use and enjoyment of neighboring properties, and the cost of rebuilding appellees' house to comply with the setback requirement, the chancellor acted within his authority and proper discretion in denying the extraordinary writ of injunction without prejudice to an action for damages, while assessing costs against appellees...

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