CURLESS v. COUNTY OF CLAY

No. VV-102.

395 So.2d 255 (1981)

Lester D. CURLESS and Alba J. Curless, His Wife, Appellants, v. The COUNTY OF CLAY, a Body Politic of the State of Florida and the Clay County Zoning Commission, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, First District.

March 13, 1981.


Attorney(s) appearing for the Case

David B. Lee, Jr., of Scruby, Lee, Cobb & Waite, Orange Park, for appellants.

William A. Wilkes of Anderson, Wilkes & McAnnally, Green Cove Springs, and John Kopelousos, Orange Park, for appellees.


JOANOS, Judge.

The appellants, Lester and Alba Curless, seek review of an order of the Circuit Court which upheld the decision of appellees, Clay County and Clay County Zoning Commission, to deny the Curlesses' rezoning application. The trial judge determined that the rezoning question was "fairly debatable" and that the constitutional challenges made by the Curlesses did not need to be decided. We affirm the order, in part, but remand the case for a determination...

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