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CITY OF PENSACOLA v. STAMM

No. AR-307.

448 So.2d 39 (1984)

CITY OF PENSACOLA, Appellant, v. Christopher G. STAMM and Barbara Ann Stamm, Husband and Wife, and Historic Pensacola Preservation Board, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 26, 1984.

Attorney(s) appearing for the Case

Joe J. Harrell and Robert C. Palmer, III of Harrell, Wiltshire, Stone & Swearingen, Pensacola, for appellant.

Richard P. Warfield of Levin, Warfield, Middlebrooks, Mabe, Thomas, Mayes & Mitchell, Pensacola, for appellees.

Robert P. Gaines of Beggs & Lane, Pensacola, for appellee/cross-appellant.

ZEHMER, Judge.

Barbara Stamm, while attending an arts festival at a public park in downtown Pensacola, walked across a strip of grass located between a park sidewalk and the adjoining street that had been closed for the festival in order to purchase food at a concession stand. The stand was parked in the street next to the curb and had an open service window facing the grass strip. As she left the concession stand, Mrs. Stamm turned and walked several steps to a large...

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