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VILLAGE OF N. PALM BEACH v. S & H FOSTER'S

No. 4D10-4721.

80 So.3d 433 (2012)

VILLAGE OF NORTH PALM BEACH, FLORIDA, Appellant, v. S & H FOSTER'S, INC., d/b/a Foster's Pub, Appellee.

District Court of Appeal of Florida, Fourth District.

February 22, 2012.

Attorney(s) appearing for the Case

Leonard G. Rubin of Leonard G. Rubin, P.A., West Palm Beach, for appellant.

Tiffany L. Barry and David L. Gorman of David L. Gorman, P.A., North Palm Beach, for appellee.

Trela J. White and Jennifer G. Ashton of Corbett and White, P.A., Lantana, for Amicus Curiae Palm Beach County League of Cities, Inc.

HAZOURI, J.

This appeal arises out of a petition for voluntary annexation filed with the Village of North Palm Beach ("Village") by Live Oak Plaza, LLC ("Live Oak"), the owner of a 2.62 acre parcel of property located on the west side of Alternate AIA ("Property"), contiguous with the then-existing corporate limits of the Village. Through the adoption of Ordinance No. 2008-10 on September 11, 2008, the Village Council granted the voluntary annexation petition pursuant...

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