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TOWN OF INDIALANTIC v. McNULTY

No. 79-1765/T4-714.

400 So.2d 1227 (1981)

TOWN OF INDIALANTIC et al., Appellants, v. Clifford A. McNULTY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 21, 1981.

Attorney(s) appearing for the Case

William C. Potter of Nabors, Potter, McClelland, Griffith & Jones, P.A., Melbourne, for appellants.

Joseph S. Gillin, Jr., of Storms, Krasny, Normile, Dettmer & Gillin, P.A., Melbourne, for appellee.

SHARP, Judge.

The Town of Indialantic in Brevard County and individual members of the Town Council appeal1 from a judgment of the circuit court holding that the town's zoning ordinance, section 28-96(15), is invalid and unconstitutional as applied to the appellee's (McNulty's) ocean-front lots, and "land similarly situated." The ordinance provides:

All buildings must be set back not less than 25 feet from the bluff line or not...

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