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WINSTON PARK, LTD. v. CITY OF COCONUT CREEK

No. 4D03-5.

872 So.2d 415 (2004)

WINSTON PARK, LTD., a Florida Limited Partnership, Appellant, v. CITY OF COCONUT CREEK, a Florida Municipal Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 5, 2004.

Attorney(s) appearing for the Case

William S. Spencer, Fabienne E. Fahnestock and Christian A. Petersen of Gunster, Yoakley & Stewart, P.A., Fort Lauderdale, for appellant.

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, and Maurice M. Garcia of Abrams, Anton, P.A., Hollywood, for appellee.

STEVENSON, J.

This appeal concerns a breach of contract and declaratory action by appellant, Winston Park, Ltd. (Winston Park), against appellee, the City of Coconut Creek (City), regarding the parties' rights, duties and obligations with respect to a 1983 agreement concerning the construction and use of certain water and sewage transmission facilities. Because we find the existence of genuine issues of material fact, we reverse the trial court's order granting summary...

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