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BAKER v. CITY OF SATELLITE BEACH

No. 81-897.

409 So.2d 525 (1982)

James L. BAKER, Trustee, Appellant, v. CITY OF SATELLITE BEACH, a Municipal Corporation in the State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 10, 1982.

Attorney(s) appearing for the Case

Frank Clark, III, Melbourne, for appellant.

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

DAUKSCH, Chief Judge.

This is an appeal from an order finally dismissing a complaint for declaratory relief. Because the complaint alleges a cause of action asserting the facial unconstitutionality of a city zoning ordinance, we reverse the order of dismissal as it pertains to Count II of the Amended Complaint and remand this case to the trial court for further proceedings.

REVERSED AND REMANDED.

FRANK D. UPCHURCH, Jr., and SHARP...

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