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PALM BEACH POINT PROP. OWNER'S ASSOC. INC. v. NEW TESTAMENT MISSIONARY BAPTIST CHURCH

No. 4D99-3479.

764 So.2d 938 (2000)

PALM BEACH POINT PROPERTY OWNER'S ASSOCIATION, INC., Appellant/Cross-Appellee, v. NEW TESTAMENT MISSIONARY BAPTIST CHURCH, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

August 23, 2000.

Attorney(s) appearing for the Case

G. Bart Billbrough of Cole White & Billbrough, P.A., Miami, for appellant/cross-appellee.

Lawrence M. Fuchs of Fuchs & Jones, P.A., Royal Palm Beach, for appellee/cross-appellant.

OWEN, WILLIAM C., Jr., Senior Judge.

After the appellee church had acquired title to an unimproved five-acre lot subject to recorded maintenance provisions enforceable by the property owner's association, the church brought this declaratory judgment action to determine (1) the legality of assessments for grass mowing and (2) its right to mow its own grass without association involvement. Even though the amended judgment was favorable to the

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