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DISPOTO v. MARION COUNTY

No. 5D06-3197.

969 So.2d 423 (2007)

James DISPOTO and Elaine Dispoto, Appellants, v. MARION COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 2, 2007.

Attorney(s) appearing for the Case

Edward P. Jordan, II, of Edward P. Jordan, II, P.A., Minneola, for Appellant.

Thomas L. Wright, County Attorney, and Thomas D. MacNamara, Chief Assistant County Attorney, Ocala, for Appellee.

EVANDER, J.

James and Elaine Dispoto appeal from a temporary injunction order requiring them to (1) remove a 130-foot high radio broadcast tower from their residential property, and (2) cease operation of a radio station from that property. We affirm.

Marion County's Land Development Code prohibits the construction of a commercial radio broadcast tower in excess of fifty feet without a special use permit. The Code...

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