HomeMy WebLinkAbout0842 i : ~i~_CURC~~J
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4~6451 ~
'78 t~c_~ 6 -P~•1 i2 • 26 ~
property from commercial to residential use
be declared null and void.";
(f) That portion of paragraph 14 which st~ate~ ~
"This Court is requested to enter an injunction
against the CITY OF PORT ST. LUCIE to prohibit
that City from enforcement of regulations re-
garding the use of this property which are
arbitrary and unreasonable as applied to the
property in question and purport to restrict
the use of the property in an arbitrary and un- .
reasonable manner, and-in support thereof would
show the Court," and ~
.or, in the alternative, to pa~y to the owner
of said property money damages to compensate said
owner for the economic losses which have been
. inflicted upon the owrier by the City'~s arbitrary
_ and wnreasonable actions in the instant case.";
(g) That portion of paragraph 17 which states:
" . and has caused the owner to suffer damages
in excess of FOUR HUNDRED THOUSAND DO?~LARS
($400,000.00), and if said property is to be
maintained by the owner thereof as.a park for the
City of Port St. Lucie, then the City of Port
St. Lucie should be required to pay to the owner
its damages which it has sustained by virtue of
the City attempting to limit any further develop-
ment of said property, all of which damages are
in excess of FOUR HUNDRED THOUSAND DOLLARS
($400.,000.00)
(h) That portion of paragraph 18 which states:
" . and the attempt at rezoning by the City of
Port St. Lucie should be enjoined, or declared to
, be null and void, and the developer should be
E granted all relief required to properly develop
~ its property in connection with its commercial
~ carrier." ; and ~
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~ (i) That portion of the prayer which states:
~ . or, in the alternative, that this Court award ~
to the plaintiff herein sufficient damages to
compensate them for the loss of the use of their
property." .
This order to strike does not necessitate the plaintiff to
amend its complaint as the plaintiff announced in open court that
it would stand.on the ruling and has stricken by interlineation ~
~ those portions of the complait~t ordered stricken, and no testimony
~ . •
~ or. evidence.will•be introduced on those matters stricken.
~ The defendant shall~have ten days from the date of this
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~ order in which to file its answer. ~
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DONE AND ORDERED at 1~t P~~ ~cr , Florida, this S day
of December, 1978.
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