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TOWN OF INDIALANTIC v. NANCE

No. 85-707.

485 So.2d 1318 (1986)

TOWN OF INDIALANTIC, Etc., Petitioner, v. James H. NANCE, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 8, 1986.

Attorney(s) appearing for the Case

Edward J. Silberhorn and Andrew A. Graham, of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for petitioner.

Elting L. Storms, of Storms, Krasny, Normile & Dettmer, P.A., Melbourne, for respondent.

ORFINGER, Judge.

This is a petition for writ of certiorari to review the order of the circuit court sitting in its appellate capacity. We have jurisdiction pursuant to Rule 9.030(b)(2)(B). Respondent Nance is the owner of oceanfront lots 8-15 in the Town of Indialantic, Brevard County. He requested height and density variances for these lots to allow the building of an eight-story motel. Lots 8-13 are topographically and legally identical. There is a deed restriction...

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