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FLOWERS BK. CO. v. CITY OF MELBOURNE

No. 88-1391.

537 So.2d 1040 (1989)

FLOWERS BAKING CO., etc., Petitioner, v. CITY OF MELBOURNE, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 3, 1989.

Attorney(s) appearing for the Case

Patricia K. Olney of Spielvogel and Goldman, P.A., Merritt Island, for petitioner.

Andrew A. Graham and Maureen M. Matheson of Reinman, Harrell, Silberhorn & Graham, Melbourne, for respondent.

COWART, Judge.

Petitioner applied for a conditional use permit for gasoline pumps and gasoline sales ancillary to a proposed convenience store in the City of Melbourne. Although the applicant agreed to meet the city zoning code's conditional use requirements for service stations, and also agreed to all of the Planning and Zoning Board's stipulations, local residents objected and the city council denied the permit. The applicant's petition to the circuit court for...

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