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- With their own washer and dryer in_their individual apartments,
and the units could sell better with this type of arrangement.-
The testimony shows that two story apartment buildings
are more marketable and the demand is greater for this type of
apartpent aver a three story apartment. One of the reasons being
that elevators are desirable and necessary. for three ;story apart-
ments. Also, that there is more of a demand. for one bed-room
apartments in this-area than far two bedroom apartments. _
_ The proposed changes made by the Defendants for Phase
III do-not constitute material, substantial changes and do not
materially affect the rights of the Plaintiffs. There are good
economic and practical reasons Why the Defendant has made the -
proposed changes in Phase III: Plaintiffs have failed to show
that the proposed changes would materially harm them. It is
thereupon
= ORDERBD and ADJDDGED that the permanent injunction be
- and the same is denied, and that the Defendants, ATLANTIC CONDO-
. MINIIIMS, INC., a Florida corporation, and PATRICK D. LALLY,
recover their costs from Plai~rtiffs, to be taaed at a late= date.
Jurisdiction of this cause is-retained for taastion of costs and
_for further-relief as may be necessary. _
k -DONE and ORDERED In Vero Beach, Indian River County,
F _
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Florida this ay of September, 1979.
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ircu t ud e
Copies furnished to:
Roger N. leaser, Esq. .
Frank H. Fee III, 8sq.
19T9 i~t -2 A!{ ~ 31
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