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TOWN OF SOUTHWEST RANCHES v. KALAM

No. 4D07-2986.

980 So.2d 1121 (2008)

TOWN OF SOUTHWEST RANCHES, et al., Appellants, v. Shahab KALAM, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 29, 2008.

Attorney(s) appearing for the Case

Kevin Markow and Phillip E. Dubé of Becker & Poliakoff, P.A., Fort Lauderdale, for appellants.

Lee H. Schillinger of Law Office of Lee H. Schillinger, P.A., Hollywood, for appellee.

STONE, J.

Melgren, a building official, and Poliakoff, a deputy attorney of the Town of Southwest Ranches, appeal the denial of their motion to dismiss Kalam's civil rights claim filed under 42 U.S.C. § 1983. The motion to dismiss is based on the town officials' assertion of qualified immunity. We reverse.

Kalam filed a multi-count complaint against Melgren, Poliakoff and Town because the defendants refused to allow Kalam to build a home on his property...

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