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468994
IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
S`O
CIVIL ACTION N0. 78-~9'-
ARTHUR DAVIS and CALVIN SMITH,
Plaintiffs,
vs.
CITY OF FORT PIERCE, FLORIDA,
a municipal corporation, MAYOR
BUELL BROWN, JOHN D. BROWNING,
HA VERT FENN, GROVER LESLIE,
JACK LONG and WILLIAM R. MOORE,
Director of Fort Pierce
Building and Zoning Department,
Defendants.
FINAL JUDGMENT
THIS CAUSE came before the Court on non-jury trial
on October 15 and 16, 1979. The Court received testimony,
memoranda of law and argument of counsel for all parties.
From the testimony and exhibits introduced at trial, the Court
finds
Count I of the second amended complaint is an action
for a permanent injunction enjoining the Defendants from en-
forcing the R-6 (residential) zoning on the Plaintiffs' property.
Count II of the second amended complaint is an action
for a Writ of Mandamus, and Plaintiffs have abandoned the action
~ on this Count.
Plaintiffs Arthur Davis and Calvin Smith, (hereinafter
referred to as Plaintiffs) purchased on or about December 15, 1978,
a parcel of land in the City of Fort Pierce, Florida, consisting
~ of approximately three acres. This land is located on 13th Street,
between Avenues L and M. A small portion of this land is zoned
C-3 (commercial), on which there is an existing building which was
k
used about fifteen (15) years ago for a labor camp office. The
balance of this property is vacant and is zoned R-6, which allows
i
duplexes. Before the Plaintiffs purchased this property, they
~ checked with William R. Moore, the Director of the Fort Pierce
i
~ Building and Zoning Department to determine if this property was
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