BOTT v. CITY OF MARATHON

No. 3D06-1261.

949 So.2d 295 (2007)

Andrew and Donna BOTT, Appellants, v. CITY OF MARATHON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 15, 2007.


Attorney(s) appearing for the Case

Lee Robert Rohe, Summerland Key, for appellants.

Stearns Weaver Miller Weissler Alhadeff & Sitterson and Mark D. Solov and John R. Herin, Jr. and Adam M. Schachter, Marathon, for appellee.

Before WELLS and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.


CORTIÑAS, Judge.

The plaintiffs, Andrew and Donna Bott (the "Botts"), appeal from an order dismissing their amended complaint against the defendant, the City of Marathon ("City"), with prejudice. We affirm.

On May 1, 2000, the Botts executed and recorded an Affordable Housing Restrictive Covenant ("Covenant") with the City. Several years later, the Botts chose to sell their home and inquired with the City Planner...

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