NEW SMYRNA BEACH v. ANDOVER DEV. CORP.

No. 95-662.

672 So.2d 618 (1996)

CITY OF NEW SMYRNA BEACH, Appellant, v. ANDOVER DEVELOPMENT CORPORATION, etc, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1996.


Attorney(s) appearing for the Case

Thomas G. Pelham and Rebecca A. O'Hara of Apgar, Pelham, Pfeiffer & Theriaque, Tallahassee, for Appellant.

S. LaRue Williams of Kinsey, Vincent, Pyle, P.A., Daytona Beach, for Appellee.

Clay Henderson of Clay Henderson, P.A., New Smyrna Beach, Amicus Curiae, Oscar B. Peatross, Jr., and North Beach Neighborhood Association, Inc.


HARRIS, Judge.

The City of New Smyrna Beach appeals the trial court's order granting Inlet Joint Venture's1 motion to enforce judgment. We reverse.

Prior to 1970, the property lying beneath the present project which is the subject of this litigation was zoned R-1 which permitted single family residences only. Then the city enacted Zoning Ordinance No. 797 which created a special classification within the zoning

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