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CITY OF VENICE v. VALENTE

No. 81-2432.

429 So.2d 1241 (1983)

CITY OF VENICE, a Municipal Corporation, Appellant, v. Matilde VALENTE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 27, 1983.

Attorney(s) appearing for the Case

Wayne C. Hall of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Venice, for appellant.

Charles J. Cheves of Cheves & Rapkin, Venice, for appellee.

OTT, Chief Judge.

Ordinance 789-791 of the appellant/City of Venice provides for the abatement of any building found to be a public nuisance. The subject of dispute here is that provision of the ordinance allowing the city to recover attorney's fees and court costs upon resorting to court proceedings to secure compliance or when opposing a property owner's appeal of the city's notice of abatement. The trial court held this provision unconstitutional...

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