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HILLSBOROUGH COUNTY v. NCJ INV. CO.

No. 91-02436.

605 So.2d 1287 (1992)

HILLSBOROUGH COUNTY, a political subdivision of the State of Florida, Appellant, v. NCJ INVESTMENT COMPANY, a Florida corporation; and Checkers Drive-In Restaurants of North America, Inc., a Nevada corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 30, 1992.

Attorney(s) appearing for the Case

Robert R. Warchola, Asst. County Atty., Tampa, for appellant.

David Smolker and Ralph Gonzalez of Honigman Miller Schwartz and Cohn, Tampa, for appellees.

LEHAN, Chief Judge.

We affirm the declaratory judgment which ruled that under the Hillsborough County Zoning Regulations a so-called "minor" modification of a Community Unit (C-U) District site development plan was properly approved by a three to two majority vote of members of the Board of County Commissioners at a properly constituted meeting of the Commission and did not require for its approval four votes of that seven-member body. There does not appear to be...

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