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POWELL v. CITY OF DELRAY BEACH

No. 97-3020.

711 So.2d 1307 (1998)

Charles F. POWELL and Norma R. Powell, Appellants, v. The CITY OF DELRAY BEACH, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 1, 1998.

Attorney(s) appearing for the Case

Charles F. Powell and Norma R. Powell, Lauderhill, pro se.

R. Brian Shutt, Assistant City Attorney, and Susan A. Ruby, City Attorney, Delray Beach, for appellee.

PER CURIAM.

Charles and Norma Powell ("Appellants") appeal from an adverse final summary judgment. We reverse.

This case arose out of a requirement placed on a building permit issued to Appellants for the construction of a duplex in the City of Delray Beach ("City"). The requirement at issue requires Appellants to pave a portion of an alley in order to provide paved access to their duplex. Appellants dispute the City's authority to impose this requirement...

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