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SMITH v. CITY OF CLEARWATER

No. 59382.

403 So.2d 407 (1981)

Derwin B. SMITH, II, et al., Petitioners, v. CITY OF CLEARWATER, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied October 2, 1981.

Attorney(s) appearing for the Case

John T. Allen, Jr., St. Petersburg, for petitioners.

Tom R. Moore, Clearwater, for respondent City of Clearwater.

Andrew J. Rodnite, Asst. County Atty., Clearwater, and Charles L. Siemon of Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago, Ill., for respondent Pinellas County Planning Council.

Jim Smith, Atty. Gen., Ken Tucker, Deputy Atty. Gen., and Thomas R. Tedcastle, Asst. Atty. Gen., Tallahassee, for State of Florida, amicus curiae.

Alfred W. Clark, Deputy Gen. Counsel, Tallahassee, for Department of Environmental Regulation, amicus curiae.

PER CURIAM.

The petition for review reflected probable jurisdiction in this Court. After having heard oral arguments and upon further consideration and analysis of the matter, we have determined that Smith v. City of Clearwater, 383 So.2d 681 (Fla.2d DCA 1980), conflicts with neither Estuary Properties, Inc. v. Askew, 381 So.2d 1126 (Fla. 1st DCA 1979), nor Graham v. Estuary Properties...

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