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WATERVIEW TOWERS v. WEST PALM BEACH

No. 4D16-2858.

232 So.3d 401 (2017)

The WATERVIEW TOWERS CONDOMINIUM ASSOCIATION, INC., a Florida corporation not-for-profit, Laura Bennett, Helen Bossman, and Thomas J. O'Neill, individually, Appellants, v. CITY OF WEST PALM BEACH, a Florida Municipal Corporation, and Palm Harbor Hotel, LLC, a foreign limited liability company, Appellees.

District Court of Appeal of Florida, Fourth District.

November 1, 2017.

Attorney(s) appearing for the Case

Robert J. Hauser of Pankauski Hauser PLLC, West Palm Beach, Robert Sweetapple of Sweetapple, Broeker & Varkas, PL, Boca Raton, and John R. Eubanks, Jr. of Breton, Lynch, Eubanks & Suarez-Murias, P.A., West Palm Beach, for appellants.

K. Denise Haire and Douglas N. Yeargin , Office of the City Attorney, West Palm Beach, for appellee, City of West Palm Beach.

Bruce S. Rogow and Tara A. Campion of Bruce S. Rogow, P.A., Fort Lauderdale, and Joseph Ianno, Jr. and Henry S. Wulf of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee, Palm Harbor Hotel, LLC.

We hold that unit owners and a condominium association have standing to enforce certain development restrictions contained in condominium documents, as defined in the declaration of condominium.

Overview

The property central to this litigation is owned by the City of West Palm Beach. It is bordered on the west...

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