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MARCO ISLAND CIVIC ASS'N, INC. v. MAZZINI

No. 2D03-2361.

881 So.2d 99 (2004)

MARCO ISLAND CIVIC ASSOCIATION, INC., a Florida not-for-profit corporation; and Sally Bhavnani, and the class she represents, Appellants, v. Luc Christian MAZZINI, Appellee.

District Court of Appeal of Florida, Second District.

August 27, 2004.

Attorney(s) appearing for the Case

Jeffrey D. Fridkin and Jacqueline J. Buyze of Grant, Fridkin, Pearson, Athan & Crown, P.A., Naples, for Appellants.

Michael R.N. McDonnell of McDonnell Trial Lawyers, Naples, for Appellee.

CASANUEVA, Judge.

Marco Island Civic Association, Inc., and a class of homeowners appeal from a final judgment declaring void certain deed restrictions on three lots owned by the plaintiff, Dr. Luc Christian Mazzini. The deeds restrict the development of each lot to one detached single-family dwelling not to exceed two stories in height. The final judgment voiding the restrictions permits Dr. Mazzini to build a medical office building on the property. Because such...

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