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CITY OF ORMOND BEACH v. STATE EX REL. DEL MARCO

No. 81-1208.

426 So.2d 1029 (1983)

CITY OF ORMOND BEACH, a Municipal Corporation, Appellant, v. STATE of Florida Upon the Relation of Charles J. DEL MARCO, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 17, 1983.

Attorney(s) appearing for the Case

Henry P. Duffett of Duffett, Seps & Akers, Ormond Beach, for appellant.

J. David McFadden, Daytona Beach, for appellee.

ORFINGER, Chief Judge.

Following a trial de novo1 after the denial by the City's Board of Adjustment of appellee's request for a variance, the trial court entered a final judgment granting appellee the requested relief. The City appeals. We affirm in part and reverse in part.

On November 3, 1980, appellee Del Marco made application to the Board of Adjustment of the City of Ormond Beach for a zoning variance to allow him to erect...

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