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HARBOR VENTURES, INC. v. HUTCHES

No. 53659.

366 So.2d 1173 (1979)

HARBOR VENTURES, INC., etc., et al., Plaintiffs-Appellants, v. Robert C. HUTCHES et al., Defendants-Appellees.

Supreme Court of Florida.

January 18, 1979.

Attorney(s) appearing for the Case

David K. Deitrich, of Dye, Cleary, Scott, Deitrich & Price, Bradenton, for plaintiffs-appellants.

Robert E. Knowles and Clifford L. Walters, III of Knowles, Blalock, Coleman & Landers; and E.N. Fay, Jr., of Mann & Fay, Bradenton, for defendants-appellees.

HATCHETT, Justice.

We are asked to determine whether section 193.461(4)(a)3., Florida Statutes (1973), is unconstitutional because it sets up an irrebuttable presumption that land rezoned non-agricultural at the request of its owners will not be used for a bona fide agricultural purpose. Exercising jurisdiction under article V, section 3(b)(1), Florida Constitution, we decline to address the constitutional question and find the statute inapplicable to the facts of...

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