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KAGAN v. WEST

No. 95-1802.

677 So.2d 905 (1996)

Robert L. KAGAN, M.D., Magda Alzuri, David Morris, Virginia Morris, Dr. Alvan Balant, Dr. Linda Civercitia Balant, Gerald D. Jordan, Deni S. Jordan, Michele Burpee and William Burpee, Appellants/Cross-Appellees, v. Charles E. WEST, Jr. and Gisela West, Appellees/Cross-Appellants, The City of Fort Lauderdale, a Municipal Corporation, and John Smith in His Official Capacity as Director of Planning Zoning and Building for the City of Fort Lauderdale, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied August 30, 1996.

Attorney(s) appearing for the Case

Nancy W. Gregoire, Thomas R. Bolf and Steven R. Levine of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellants/cross-appellees.

Michael D. Stewart of Michael D. Stewart, P.A., Fort Lauderdale, for appellees/cross-appellants.

PARIENTE, Judge.

This case involves a dispute among appellants, landowners who reside along a private street in Fort Lauderdale, and their neighbors, appellees Charles R. West, Jr. and Gisela West (the Wests). At the center of the dispute is a two-story cabana which was constructed by the Wests. Appellants claimed that the cabana violated an access easement and the City of Fort Lauderdale's (the City) setback and building height restrictions. They sought an injunction...

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