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CKN AIRWAYS, INC. v. FLAGLER COUNTY

No. 82-1362.

441 So.2d 1103 (1983)

CKN AIRWAYS, INC., and John Ostgard, Appellants, v. FLAGLER COUNTY, Florida, a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 8, 1983.

Attorney(s) appearing for the Case

Eric A. Latinsky, Ormond Beach, for appellants.

Cynthia S. Tunnicliff and David S. Dee of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, and Noah C. McKinnon, Jr., Daytona Beach, for appellee.

COBB, Judge.

This appeal concerns the basic issue of whether the appellants, CKN Airways, Inc., and John Ostgard, breached a lease agreement with Flagler County (hereinafter Flagler) relating to operation of the Flagler County Airport. Flagler sued for cancellation of the agreement and the eviction of CKN and Ostgard, who signed the lease as president of CKN and as an individual guarantor.

The action by Flagler was filed as a suit for declaratory judgment...

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