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CITY OF JACKSONVILLE v. CULVERHOUSE

No. BK-265.

498 So.2d 618 (1986)

CITY OF JACKSONVILLE, Appellant, v. Hugh F. CULVERHOUSE, As Trustee for the Simpson R. Walker Trust, Appellee.

District Court of Appeal of Florida, First District.

December 5, 1986.

Attorney(s) appearing for the Case

Gerald A. Schneider, Gen. Counsel and Steven E. Rohan, Asst. Counsel, Jacksonville, for appellant.

David W. Foerster and Theresa M. Rooney, of David W. Foerster, P.A., Jacksonville, for appellee.

THOMPSON, Judge.

The City appeals a final judgment of the circuit court enjoining it from enforcing any zoning more restrictive than CG (commercial, general district) on a parcel of property on Normandy Boulevard in Jacksonville. The City argues that the rezoning sought by appellee, and denied by the City Council, was fairly debatable, and that the circuit court improperly substituted its judgment for that of the local zoning authority. We agree and reverse the final...

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