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CITY OF WINTER SPRINGS v. FLORIDA LAND CO.

No. 80-1461.

413 So.2d 84 (1982)

CITY OF WINTER SPRINGS, a Municipal Corporation, Appellant, v. FLORIDA LAND COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 29, 1982.

Attorney(s) appearing for the Case

Wallace F. Stalnaker, Jr., of Jones, Morrison & Stalnaker, P.A., Altamonte Springs, for appellant.

Ernest R. Drosdick of Lowndes, Drosdick, Doster & Kantor, P.A., Orlando, for appellee.

SHARP, Judge.

Appellant, the City of Winter Springs, seeks reversal of a final summary judgment in favor of appellee, Florida Land Company, so that a referendum election pertaining to zoning may proceed. We reverse the summary judgment.

The summary judgment sets out the following findings of fact:

1. That Florida Land is the fee simple owner of real property which is the subject matter of this cause (hereinafter "Property") situate within the boundaries...

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