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STAR ISLAND ASSOC. v. CITY OF ST. PETERSBURG BEACH

Nos. 82-1696, 82-1904.

433 So.2d 998 (1983)

STAR ISLAND ASSOCIATES, a General Partnership, and Citicorp Real Estate, Inc., a Delaware Corporation, Appellants, v. CITY OF ST. PETERSBURG BEACH, Florida, for Itself and As Successor in Interest to the Long Key Sewer District, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 7, 1983.

Attorney(s) appearing for the Case

Guy M. Burns of Jacobs, Robbins, Gaynor, Hampp, Burns, Cole & Shasteen, P.A., St. Petersburg, for appellants.

Gerald R. Colen of Devito, Forlizzo & Reese, St. Petersburg, for appellee.

LEHAN, Judge.

Star Island Associates, a general partnership, and Citicorp Real Estate, Inc. appeal from a summary final judgment granted to the plaintiff, City of St. Petersburg Beach (hereinafter the "City"), on the issue of whether the City has an easement over property owned by Star Island. Citicorp holds a mortgage on a portion of the affected property. We reverse and remand for further proceedings.

The City filed suit seeking declaratory relief principally...

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