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WINDWARD MARINA, L.L.C. v. CITY OF DESTIN

No. 98-4665.

743 So.2d 635 (1999)

WINDWARD MARINA, L.L.C., Petitioner, v. CITY OF DESTIN and The Destin City Council, Respondent.

District Court of Appeal of Florida, First District.

November 17, 1999.

Attorney(s) appearing for the Case

Richard P. Petermann of Smith, Grimsley, Bauman, Pinkerton, Petermann & Wells, Fort Walton Beach; F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for petitioner.

David A. Theriaque and Steve Pfeiffer of David A. Theriaque, P.A., Tallahassee, for respondents.

WOLF, J.

Petitioner, Windward Marina, L.L.C. ("Windward"), challenges a circuit court order upholding the denial of its application for a final development order to construct a dry-dock marina near the mouth of Destin Harbor. Respondents, the City of Destin and the Destin City Council ("city"), based the denial of the development order on a determination that the proposed development would be incompatible with surrounding uses in that it would, given its location...

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