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LEE CTY. v. NEW TESTAMENT BAPTIST CH.

No. 86-2084.

507 So.2d 626 (1987)

LEE COUNTY, a political subdivision of the State of Florida, Mary Ann Wallace, Porter Goss, Roland Eastwood, William Fussell and Donald Slisher, in Their Official Capacity As Members of the Board of County Commissioners of Lee County, Florida, Paul Smith, Richard C. Anderson, Brian Barnes, Thom Osterhout, Robert L. Hutcherson and Jenni L. Mang, Members of the Staff Review Committee, Appellants/Cross-Appellees, v. NEW TESTAMENT BAPTIST CHURCH OF FORT MYERS, FLORIDA, INC., and James Ellis, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 21, 1987.

Attorney(s) appearing for the Case

James G. Yaeger, Lee Co. Atty. and Robert W. Gray, Asst. Co. Atty., Fort Myers, for appellants/cross-appellees.

Terrence F. Lenick of Allen, Knudsen, Swartz, DeBoest, Rhoads & Edwards, P.A., Fort Myers, for appellees/cross-appellants.

LEHAN, Acting Chief Judge.

Lee County appeals a trial court determination that a section of the county's Development Standards Ordinance 82-42, as amended by Ordinance 83-42 (the "D.S.O."), is unconstitutional. The appellees (the "Church") cross appeal the trial court's failure to find that other sections of the D.S.O. are unconstitutional and the denial of various other claims including a claim for damages and attorney's fees under 42 U.S.C. § 1983. We affirm...

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