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SPEY v. HAYES

No. PP-48.

406 So.2d 1176 (1981)

John R. SPEY, Blanche Wenzel, William R. Leibold, James Yealy, William J. Hord, Donald F. Elwell, Arthur J. Bogan and Marian Harris, Appellants, v. Hayward T. HAYES, Dee Parkton, Bob L. Echols, Michael M. Mitchell and Moe Hersh, Individually and As County Commissioners of Okaloosa County, Florida, W.C. Jones and Walton Grocery Company, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

D. Michael Chesser of Selby, Chesser, Wingard, Barr & Jones, Fort Walton Beach, for appellants.

James E. Moore of Moore, Anchors & Reid, Niceville, for appellees W.C. Jones and Walton Grocery Company, Inc.

John R. Dowd, Fort Walton Beach, for appellee Okaloosa County Commissioners.

BOOTH, Judge.

This cause is before us on appeal from a final judgment denying a mandatory injunction sought by plaintiffs, appellants herein, to require removal of improvements allegedly constructed in violation of the Santa Rosa Island Protective Covenants and Restrictions. Plaintiffs, residents and leaseholders on Santa Rosa Island,1 contended below that the improvements violated setback line...

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