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CITY OF POMPANO BEACH v. YARDARM RESTAURANT, INC.

No. 85-2821.

509 So.2d 1295 (1987)

CITY OF POMPANO BEACH, Appellant, v. YARDARM RESTAURANT, INC., a Florida Corporation, and Sunrise Savings & Loan Association of Florida, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1987.

Attorney(s) appearing for the Case

Donald C. Roberge, Pompano Beach, for appellant.

Stewart P. Chambers of Faircloth & Chambers, P.A., Fort Lauderdale, for appellee Yardarm Restaurant, Inc.

James E. Tribble of Blackwell, Walker, Fascell & Hoehl, Miami, for appellee Sunrise Sav. and Loan Ass'n.

HERSEY, Chief Judge.

Appellant, the City of Pompano Beach, in October 1973, enacted an ordinance granting appellee, Yardarm Restaurant, a special exception to the city's ten-story building height limitation. The proposed building was never constructed and appellee's building permit expired by operation of law in May of 1985.

In August of 1985 the city proposed the enactment of an ordinance repealing the special height exception. Shortly thereafter appellee...

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