City of Melbourne v. Hess Realty Corp.

575 So.2d 774 (1991)

CITY OF MELBOURNE, Appellant,

v.

HESS REALTY CORPORATION, Appellee.

No. 90-276.

District Court of Appeal of Florida, Fifth District.

March 7, 1991.

James L. Reinman, Andrew A. Graham, Maureen M. Matheson and Michael R. Riemenschneider, Melbourne, for appellant.

Elting Storms of Foley & Lardner, Melbourne, for appellee.

COBB, Judge.

The issue posed in the instant appeal, as it was in Flowers Baking Co. v. City of Melbourne, 537 So.2d 1040 (Fla. 5th DCA), review denied, 545 So.2d 1366 (Fla. 1989), is whether the City of Melbourne properly denied a conditional use permit to install…