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MADAY'S WHOLESALE GREENHOUSES, INC. v. INDIGO GROUP, INC.

No. 96-2458.

692 So.2d 207 (1997)

MADAY'S WHOLESALE GREENHOUSES, INC. and Henry G. Maday, Appellants, v. INDIGO GROUP, INC. and City of Port Orange, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 2, 1997.

Attorney(s) appearing for the Case

C. David Coffey of Coffey, Tillman & Kalishman, Gainesville, for Appellants.

Bruce R. Bogan of Eubanks, Hilyard, Rumbley, Meier and Lengauer, P.A., Orlando, for Appellee City of Port Orange.

No appearance for Appellee, Indigo Group, Inc.

COBB, Judge.

The sole issue on this appeal is whether the lower court properly entered summary judgment in favor of the City of Port Orange.

Maday's Wholesale Greenhouses, Inc. (Maday), as plaintiff below, alleged that Indigo Group, Inc. (Indigo), developer of the Woodlake Subdivision (Woodlake), raised the elevation of its land adjacent to Maday's property, thereby altering the natural contours of the land so that surface waters that previously flowed across...

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