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CITY v. PUBLIX SUPER MARKETS

No. 3D11-1846.

88 So.3d 224 (2011)

CITY OF SUNNY ISLES BEACH, Petitioner, v. PUBLIX SUPER MARKETS, INC., Respondent.

District Court of Appeal of Florida, Third District.

October 19, 2011.

Attorney(s) appearing for the Case

Hans Ottinot , City Attorney and Fernando Amuchastegui , Assistant City Attorney, City of Sunny Isles Beach; Coffey Burlington and Kendall B. Coffey and Jeffrey B. Crockett and David J. Zack , Miami, for petitioner.

Greenberg Traurig and Elliot H. Scherker and Paul R. Lipton and Brigid F. Cech Samole , Miami, for respondent.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, J.

This Court returns for the third time to a dispute between the City of Sunny Isles Beach (the "City") and Publix Supermarkets, Inc. ("Publix"). The basis for the dispute is a Site Plan Application submitted to the City by Publix in 2006, which the City has deemed null and void due to fraud allegedly perpetrated by Publix. We have previously granted the City's petition for a writ of prohibition preventing the circuit court's consideration of Publix...

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