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MOORE v. PALM COAST COMMUNITY SERVICE

No. 96-2782.

701 So.2d 115 (1997)

John R. MOORE, etc, Appellant, v. PALM COAST COMMUNITY SERVICE, etc. et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 14, 1997.

Attorney(s) appearing for the Case

Irwin Connelly, Flagler Beach, and Richard Bennett, Coral Gables, for Appellant.

Jeffrey Allan Hirsch and Steven S. Goodman of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Fort Lauderdale, and Charles M. Auslander of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for Appellee ITT Community Development Corporation.

HARRIS, Judge.

ITT Community Development Corporation (ITT), in developing its Palm Coast project, constructed a storm water drainage system.1 The 1979 version of the pertinent covenants and restrictions (C & R's) provides as follows:

The owner of a lot or dwelling unit in the Palm Coast community is hereby made liable to the company, its successors or assigns for a pro rata share...

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