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CITY OF NAPLES v. CLAM COURT MARINA TRUST

No. 81-1390.

413 So.2d 475 (1982)

CITY OF NAPLES, Florida, Appellant, v. CLAM COURT MARINA TRUST, Appellee.

District Court of Appeal of Florida, Second District.

May 5, 1982.

Attorney(s) appearing for the Case

David W. Rynders, Naples, for appellant.

Kenneth G. Hadcock, Naples, for appellee.

SCHEB, Chief Judge.

The City of Naples challenges the trial court's holding that it acted improperly in refusing to grant Clam Court Marina Trust a zoning variance. We agree with the City's contention and reverse.

In 1978 appellee, Clam Court Marina Trust, submitted its plans for construction of a thirteen-unit condominium development to the appellant, City of Naples. The condominiums were to be situated on 1.07 acres. The zoning of this land permitted a maximum...

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