CITY OF TEMPLE TERRACE v. TOZIER

No. 2D04-1840.

903 So.2d 970 (2005)

The CITY OF TEMPLE TERRACE, Florida, Appellant, v. Kenneth E. TOZIER and Susan W. Tozier, Appellees.

District Court of Appeal of Florida, Second District.

April 29, 2005.


Attorney(s) appearing for the Case

Theodore C. Taub, Duane A. Daiker, and Mark A. Connolly of Shumaker, Loop & Kendrick, LLP, Tampa, for Appellant.

Marsha G. Rydberg and Thomas H. Rydberg of The Rydberg Law Firm, P.A., Tampa, for Appellees.


FULMER, Judge.

In this appeal, we are asked to decide whether the City of Temple Terrace had authority to impose conditions on the vacation of a right-of-way. We conclude that it did and reverse the partial summary judgment that ruled to the contrary.

In 2000, Mr. Tozier appeared before the City Council to request that the City vacate the right-of-way adjacent to his business, International Computer Works, Inc. (ICW). Mr. Tozier's request was denied at a September...

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