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SMURFIT-STONE v. ZION JACKSONVILLE

No. 1D08-4107.

52 So.3d 55 (2010)

SMURFIT-STONE CONTAINER ENTERPRISES, INC., Appellant, v. ZION JACKSONVILLE LIMITED PARTNERSHIP, a Delaware Limited Partnership and City of Jacksonville, a Municipal Corporation, Appellees.

District Court of Appeal of Florida, First District.

December 21, 2010.

Attorney(s) appearing for the Case

W.O. Birchfield and Bruce B. Humphrey of Birchfield & Humphrey, P.A., Jacksonville, for Appellant.

Paul M. Harden , Jacksonville for Appellee Zion Jacksonville Limited Partnership; and M. Bradley Luczak of White & Luczak, P.A., Winter Park, for Appellee City of Jacksonville.

WOLF, J.

Appellant, Smurfit Stone (Smurfit), seeks review of a trial court's order granting summary judgment in favor of appellees, the City of Jacksonville (the City) and Zion Limited (Zion) and dismissing Smurfit's two-count complaint for declaratory and injunctive relief. We affirm in part and reverse in part, determining the trial court incorrectly concluded the right of first offer (ROFO) in question constituted an unreasonable restraint on the alienability of...

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