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PINECREST LAKES, INC. v. SHIDEL

No. 4D99-2641.

795 So.2d 191 (2001)

PINECREST LAKES, INC.; and Villas at Pinecrest Lakes Limited Partnership, Appellants, v. Karen SHIDEL, Appellee.

District Court of Appeal of Florida, Fourth District.

September 26, 2001.

Attorney(s) appearing for the Case

Jack J. Aiello and Ernest A. Cox, III, of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., West Palm Beach, for appellants.

Richard Grosso, General Counsel, Environmental & Land Use Law Center, Fort Lauderdale, for appellee.

Stephen H. Grimes and Lawrence E. Sellers, Jr. of Holland & Knight, LLP., Tallahassee, for Amici Curiae, National Association of Home Builders, Florida Home Builders Association, Florida Association of Realtors, and Association of Florida Community Developers, Inc.

Michael L. Rosen, Tallahassee, for Amicus Curiae, Florida Legal Foundation, Inc.

Terrell K. Arline, Legal Director, Tallahassee, Thomas G. Pelham, Kenneth J. Goldberg and Douglas W. Ackerman, Tallahassee, for Amici Curiae, The Florida Chapter of the American Planning Association, and 1000 Friends of Florida, Inc.

FARMER, J.

The ultimate issue raised in this case is unprecedented in Florida. The question is whether a trial court has the authority to order the complete demolition and removal of several multi-story buildings because the buildings are inconsistent with the County's comprehensive land use plan. We conclude that the court is so empowered and affirm the decision under review.

Some twenty years ago, a developer1 purchased a 500...

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