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FULMER v. STATE

No. AL-234.

424 So.2d 65 (1982)

Russell M. FULMER, Jr., Patricia C. Fulmer, Vayne R. Davis, Margaret L. Davis, William P. Cousins and Rina Mae Palmer, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 11, 1983.

Attorney(s) appearing for the Case

Leonard E. Ireland, Jr., of Clayton, Duncan, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellants.

David LaCroix, of Sieg, Comfort, Hawk, LaCroix & Reid, Gainesville, for appellee.

WENTWORTH, Judge.

This is an appeal from a final summary judgment enjoining appellants' use of their property as an airport or takeoff and landing strip for aircraft. Because there are material factual issues in dispute, we reverse.

On August 7, 1980, the state filed a complaint seeking a permanent injunction prohibiting the defendants from using their property "other than approved by the Alachua County Commission as stated in the attached Exhibit A." The...

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