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CITY OF SAFETY HARBOR v. KOS CORP.

No. 91-04161.

598 So.2d 241 (1992)

CITY OF SAFETY HARBOR, Appellant, v. KOS CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

May 8, 1992.

Attorney(s) appearing for the Case

Alan S. Zimmet, Covert & Zimmet, P.A., Clearwater, for appellant.

F. Wallace Pope, Jr., Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellee.

PARKER, Judge.

The City of Safety Harbor (City) appeals a final order which orders the City to approve a site plan amendment and permanently enjoins the City from further interference with the right of KOS Corporation (KOS) to utilize its property lying within a proposed right-of-way for parking. We reverse.

In 1988 KOS, a developer of a shopping center and office complex, filed an action against the City, which resulted in a final declaratory judgment, a...

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