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CITY OF COCOA BEACH v. VACATION BEACH, INC.

No. 5D02-2722.

852 So.2d 358 (2003)

CITY OF COCOA BEACH, Appellant, v. VACATION BEACH, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

August 15, 2003.

Attorney(s) appearing for the Case

Mary L. Sneed and James A. Fowler, of Fowler and O'Quinn, P.A., Orlando, for Appellant, City of Cocoa Beach.

William H. Cantwell, II, and Michael R. Riemenschneider, of O'Brien Riemenschneider, P.A., Melbourne, for Appellee.

TORPY, J.

Appellant ("City") challenges a summary judgment that invalidated two amendments to its charter concerning density and height restrictions on development. We reverse.

In August of 2001, pursuant to section 166.031, Florida Statutes (2001), citizens of City initiated petitions to amend its charter in two respects. The first proposed amendment, to Section 6.01 of the charter, would limit residential density...

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