Opinion
No. 81-897.
February 10, 1982.
Appeal from Circuit Court, Brevard County; Tom Waddell, Jr., Judge.
Frank Clark, III, Melbourne, for appellant.
Joseph S. Gillin, Jr., of Storms, Krasny, Normile, Dettmer Gillin, P.A., Melbourne, for appellee.
This is an appeal from an order finally dismissing a complaint for declaratory relief. Because the complaint alleges a cause of action asserting the facial unconstitutionality of a city zoning ordinance, we reverse the order of dismissal as it pertains to Count II of the Amended Complaint and remand this case to the trial court for further proceedings.
REVERSED AND REMANDED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.