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BMS ENTERPRISES v. CITY OF FORT LAUDERDALE

No. 4D04-4543.

929 So.2d 9 (2006)

BMS ENTERPRISES LLC and Lackehart Inc., Petitioners, v. CITY OF FORT LAUDERDALE, P. Douglas McCraw, and Flagler 303 LLC, Respondents.

District Court of Appeal of Florida, Fourth District.

January 25, 2006.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Bunnell Woulfe Kirschbaum Keller McIntyre & Gregoire, Fort Lauderdale, and Maurice M. Garcia of Abrams Anton, P.A., Hollywood, for petitioners.

Clark J. Cochran, Jr. and Hal B. Anderson of Billing Cochran Heath Lyles Mauro & Anderson, P.A., Fort Lauderdale, for City of Fort Lauderdale.

John P. "Jack" Seiler and Richard J. Zaden of Seiler Sautter Zaden & Rimes, Wilton Manors, for D. Douglas McCraw and Flagler 303 LLC.

FARMER, J.

Petitioners Lackehart and BMS, respectively the seller and buyer of commercial property near a railroad, seek our discretionary review of two orders by the circuit court reviewing by certiorari decisions of the City of Fort Lauderdale relating to its building regulations. The City Commission refused to approve petitioners' development plans in spite of the fact that the City's Board of Adjustment (BOA) and staff had found the proposed development in compliance...

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