STATE OF FLORIDA, APPELLANT,
v.
JAMES EUGENE MATNEY AND LEO DEAN WELSH, APPELLEES

Fla. 1st DCA | 1970-06-09
No. M-67
JOHNSON, C. J, and WIGGINTON and SPECTOR, JJ., concur.
236 So. 2d 172 Florida District Court of Appeal, First District (1970)

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Synopsis

The court affirmed the trial court's order to issue a building permit for gasoline pumps and storage tanks, finding that the proposed installation was not a service station as defined by the zoning ordinance, thus the spacing restrictions did not apply.


Holding

The court affirmed the trial court's judgment, holding that the proposed installation was not a service station under the ordinance, and therefore the spacing restrictions were inapplicable.


Facts & Procedural History

Appellees applied for a permit to install gasoline pumps and underground storage tanks for their car wash. The City denied the permit based on zoning …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The State of Florida has appealed a final judgment dismissing the information filed against appellees herein and discharging them from custody because of the State’s failure or refusal to divulge the name of its confidential informant whose information was used in part as a basis for procuring a search warrant. The judgment is reversed upon the authority of the decision of this court in the companion case of State of Florida v. James Eugene Mat-ney, Leo Schuty a/k/a Leo Dean Welsh, and Susan Lind Hyers a/k/a Susan F. Matney, Case No. M-82, opinion filed this date, 236 So.2d 166.

JOHNSON, C. J, and WIGGINTON and SPECTOR, JJ., concur.


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