CAPE ATLANTIC LANDOWNERS ASS'N, INC. v. COUNTY OF VOLUSIA

No. 90-703.

581 So.2d 1384 (1991)

CAPE ATLANTIC LANDOWNERS ASSOCIATION, INC., etc., Appellant, v. COUNTY OF VOLUSIA, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 20, 1991.


Attorney(s) appearing for the Case

Thomas D. Wright, New Smyrna Beach, for appellant.

Robert E. Frost, County Atty., DeLand, for appellee County of Volusia.

Dan R. Warren, Daytona Beach, for appellee R.L. Hart.


PETERSON, Judge.

This is an appeal from an order dismissing with prejudice appellant's third amended complaint. We reverse and remand for further proceedings.

Appellant, a plaintiff below, complained that Volusia County improperly issued a tax deed for subsurface property rights by failing to comply with applicable statutory notice requirements and by issuing a single tax deed to convey subsurface rights to multiple parcels. The subsurface rights affected...

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