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IN THE CIRCUIT COURT OF ST. LUCIE
COUNTY. FLORIDA.
CIVIL CASE N0. 78-469-CA
SANDPIPER BAY, INC., now known . -
as BAY ASSOCIATES. INC., a
corporation,~ ~
Plaintiff, ~
vs . '
CITY OF PORT ST. LUCIE, a ;
municipal corporation, . . - '
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Defendant. '
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O R D E R j
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This cause came on to be heard on December 5, 1978 on the .
defendant's Motion to DiQ*_~!iss and Motion to Strike, and_both parties
being represented by counsel and the Court having heard argument ~
of counsel, and being otherwise fully advised in the premises, it ;
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is thereupon, ~ '
ORDERED AND ADJUDGED, as follows: i
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1. The defendant's motion to dismiss as relating to.a
purported money damage and a prayer for money damages, is hereby '
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granted, as the law of Florida as it stand~s does not provide for ~
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money damages in a case of thi.s nature. ~ ~
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2. The defendant's motion to strike portions of the ~
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~ plaintiff's Complaint is hereby granted, as follows: ;
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(a) All of paragraph 5; ~
t ~ (b) All of paragraph 10; ,
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(c) That portion of paragraph 11 which states:
"Court is asked to declare. .
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(d) That portion of paragraph 12 which states:
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and it is requested that this Court direct `
the City to rezone the property into a classifi-
cation so that it might be used for co~ercial
uses consistent with the character of the neighbor- '
hood witn which the property is located and con- ;
~ sistent with the highest and best use of the land, ~
~ and consistent with the planning purposes for which
the land was originally sold to the plaintiff herein ~
~ by the developer, General Development Corporation.";
~ (e) That portion of paragraph 13 whicti states: ;
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" and the property o~ner requests injunction ~
, relief against the endorcement of zoning regula-
tions that would prevent the commercial develop~nt ~
of said property and to have the zoning of this
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