CITY OF DELAND v. LOWE

No. 88-1987.

544 So.2d 1165 (1989)

CITY OF DeLAND, Appellant/Cross-Appellee, v. W.J. LOWE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

June 15, 1989.


Attorney(s) appearing for the Case

Astrid de Parry, City Atty. and David J. Russ, former City Atty., DeLand, and Frank C. Wesighan of Dean, Ringers, Morgan & Lawton, Orlando, for appellant/cross-appellee.

Robert A. Merrell, III and C. Allen Watts of Cobb & Cole, Daytona Beach, for appellee/cross-appellant.


COBB, Judge.

City of DeLand appeals from a summary judgment declaring that a lot owned by the appellee, W.J. Lowe, and ostensibly zoned as residential, must be deemed to be commercially zoned in conformity with the zoning of two contiguous lots owned by Lowe in order to avoid "confiscatory and unreasonable" zoning. The court enjoined the City from enforcing the residential zoning classification of the smaller lot. The trial court also determined that Lowe was not...

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