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DOWD v. MONROE COUNTY

No. 89-980.

557 So.2d 63 (1990)

Alpha R. DOWD, Appellant, v. MONROE COUNTY, a Political Subdivision of the State of Florida and J.R. Popplewell, Trustee, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1990.

Attorney(s) appearing for the Case

Mattson & Tobin and Andrew Tobin, Key Largo, for appellant.

Cunningham, Albritton, Lenzi, Warner, Bragg & Miller and Alfred Bragg, Marathon, Beckmeyer & Mulick and Joe Kelinson, Tavernier, for appellees.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

The trial court upheld the issuance of a building permit for a very substantial expansion of a motel on Lower Matecumbe Key, Monroe County. We reverse the judgment upon the holding that the existing motel, originally constructed in 1956, constituted a nonconforming use in its present district which, under the general law and the specific terms of Monroe County's zoning ordinance,1 may not be lawfully enlarged or...

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