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VILLAGE ON GREEN HOMEOWNERS ASS'N v. KESSLER

No. 84-1062.

464 So.2d 171 (1985)

VILLAGE ON THE GREEN HOMEOWNERS ASSOCIATION, INC., Appellant, v. Nathan KESSLER and Miriam Kessler, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 4, 1985.

Attorney(s) appearing for the Case

R. Timothy Peters of R. Timothy Peters, P.A., Clearwater, for appellant.

William W. Wilhelm, Belleair, for appellees.

SHAFER, ROBERT T., Associate Judge.

In this appeal we are called upon to determine whether certain assessment fees are applicable to two lots (lots 84 and 85) purchased by appellees in a residential development. The pivotal question in making this determination is whether lot 84 is an "improved" lot within the language of the Declaration of Covenants, Conditions and Restrictions for Village on the Green Patio Homes ("Declaration"). If so, it was admitted in the Request...

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