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CITY OF KEY WEST v. STATE EX REL. E.E.S. ENTERPRISES, INC.

No. 84-87.

454 So.2d 777 (1984)

The CITY OF KEY WEST, a Florida Municipality, and Paul Cates, Deputy Building Inspector for the City of Key West, Appellants, v. The STATE of Florida ex rel. E.E.S. ENTERPRISES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

August 28, 1984.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory Horton, Miami, for appellants.

Kirk, Pinkerton, Savary, Carr & Strode and L. Norman Vaughan-Birch and George Franjola, Sarasota, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

Affirmed. See Bal Harbour Village v. State ex rel. Giblin, 299 So.2d 611 (Fla. 3d DCA 1974), cert. denied, 311 So.2d 670 (Fla. 1975).

SCHWARTZ, Chief Judge (specially concurring).

I concur in affirmance because the city tendered no disputed or justiciable issue of fact and the trial court correctly concluded, in applying the charter and code provisions...

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