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CITY OF NEW SMYRNA BEACH v. BARTON

No. 81-437.

414 So.2d 542 (1982)

CITY OF NEW SMYRNA BEACH, a Municipal Corporation (On the Relation of Edwin A. Baetzman, As Intervenor/Real Property in Interest), Appellant, v. Delores A. BARTON, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 26, 1982.

Attorney(s) appearing for the Case

C. Allen Watts of Watts & Biernacki, P.A., DeLand, for appellant.

Thomas D. Wright, New Smyrna Beach, for appellee.

PER CURIAM.

In the City of New Smyrna Beach, a finger-shaped portion of a beachfront R-1 zone protruded into a trapezoidal R-3 zone which also fronted on the beach. The city rezoned the finger from R-1 to R-3, thereby decreasing the minimum lot width for a single-family dwelling within the finger of land from one hundred feet to fifty feet (see diagram).

The circuit court struck down the rezoning...

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