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TOWN OF INDIALANTIC v. NANCE

No. 80-389.

400 So.2d 37 (1981)

TOWN OF INDIALANTIC, Brevard County, Florida, a Municipal Corporation, and Clayton Test, Jr., Mayor-Chairman, Gus Carey, Kay Kovac, Barbara Willey, and Charles Settgast, As Members of the Town Council, Town of Indialantic, Florida, Appellants, v. James H. NANCE, As Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 23, 1981.

Attorney(s) appearing for the Case

Edward J. Silberhorn of Reinman, Harrell, Silberhorn, Moule & Boyd, P.A., Melbourne, for appellants.

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

COBB, Judge.

The Town of Indialantic (Indialantic) denied appellee Nance's request for a zoning variance based on hardship. A three-judge circuit court panel sitting in review of Indialantic's decision granted Nance's petition for certiorari and ordered Indialantic to grant the requested variance. Indialantic appeals the final judgment of the circuit court, and we reverse.

In July, 1978, Nance purchased Lots 8 and...

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