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ISLAND SILVER & SPICE v. ISLAMORADA, VILLAGE

No. 04-10097-CIV-KING.

475 F.Supp.2d 1281 (2007)

ISLAND SILVER & SPICE, INC. and Glenn S. Saiger and Virginia Saiger, husband and wife, Plaintiffs, v. ISLAMORADA, VILLAGE OF ISLANDS, a Florida municipality, Don Horton, as Islamorada Building Official and Ed Koconis, as Islamorada Planning & Development Services Director, Defendants.

United States District Court, S.D. Florida, Key West Division.

February 28, 2007.

Attorney(s) appearing for the Case

Derek Verne Howard, Esq., Morgan & Hendrick, Key West, FL, John A. Jabro, Esq., Tavernier, FL, for Plaintiff.

Harriet R. Lewis, Esq., Lewis Stroud & Deutsch, P.L., Boca Raton, FL, Leigh Buckalew, Esq., Weiss Serota Helfman Pastoriza et al., Fort Lauderdale, FL, for Defendant.

MEMORANDUM OPINION, DECLARATORY DECREE AND FINAL JUDGMENT

JAMES LAWRENCE KING, District Judge.

The Plaintiffs own and operate Island Silver & Spice, a retail store, in the Village of Islamorada in the Florida Keys. They seek injunctive and other relief contending that The Village's interpretation of its Formula Retail Regulations, as set forth in the Village Code § 30-1264, has denied them a constitutionally protected right to sell this property...

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