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PARK OF COMMERCE ASSOC. v. CITY OF DELRAY BEACH

Nos. 88-3192, 88-3193, 89-1387 and 89-2654.

606 So.2d 633 (1992)

PARK OF COMMERCE ASSOCIATES, and Land Resources Investment Co., Appellants/Cross Appellees, v. CITY OF DELRAY BEACH, a Florida Municipal Corporation, Doak S. Campbell, III, Mayor, James Weatherspoon, Richard Dougherty, Malcolm Bird, and Marie Horenburger, City Council Members, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing and Clarification November 18, 1992.

Attorney(s) appearing for the Case

John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellant, cross appellee Park of Commerce Associates.

L. Martin Reeder, Jr., Steel, Hector, Davis, Burns & Middleton, West Palm Beach, for appellant, cross appellee Land Resources Inv. Co.

Susan A. Ruby, Asst. City Atty., Delray Beach, for appellees, cross appellants.

EN BANC OPINION ON REHEARING

ANSTEAD, Judge.

We grant the motion for rehearing en banc and now reverse and remand. We treat this matter en banc in order to resolve the conflict between this court's holdings in City of Boynton Beach v. V.S.H. Realty, Inc., 443 So.2d 452 (Fla. 4th DCA 1984), and City of Lauderdale Lakes v. Corn, 427 So.2d 239

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