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DUVALL v. FAIR LANE ACRES, INC.

No. 2D09-5089.

50 So.3d 668 (2010)

Douglas DUVALL, Gail Duvall, Leonard Clark, Howard Clark, Joyce Clark, and Walter Asherbraner, Appellants, v. FAIR LANE ACRES, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 6, 2011.

Attorney(s) appearing for the Case

David P. Montgomery of The Montgomery Law Firm, Bradenton, for Appellants.

J. Allen Bobo and Jody B. Gabel of Lutz, Bobo, Telfair, Eastman, Gabel & Lee, Sarasota, for Appellee.

DAVIS, Judge.

Douglas Duvall, Gail Duvall, Leonard Clark, Howard Clark, Joyce Clark, and Walter Asherbraner (the Homeowners) challenge the trial court's final declaratory judgment entered in favor of Fair Lane Acres, Inc. Because the judgment constituted an unlawful taking of property rights, we reverse.

Fair Lane Acres (the Community) is a mobile home subdivision originally consisting of five platted sections totaling approximately 704 lots. The plats for...

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