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FRANKLIN COUNTY v. LEISURE PROPERTIES, LTD.

Nos. AD-395, AE-227 and AF-112.

430 So.2d 475 (1983)

FRANKLIN COUNTY, a Political Subdivision of the State of Florida, and Corey Henriksen, the Building Official of Franklin County, Appellants, v. LEISURE PROPERTIES, LTD., a Florida Limited Partnership, by Gene D. Brown and John R. Stocks, As Its General Partners and Musgrave Development, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

As Clarified on Denial of Rehearing April 29, 1983.

Attorney(s) appearing for the Case

Jerry W. Gerde of Davenport, Johnston, Harris & Gerde, P.A., Panama City; and Alfred O. Shuler of Shuler & Shuler, Apalachicola, for appellants.

Thomas G. Pelham and David S. Dee of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellees.

Jane Heerema of Roberts, Egan & Routa, P.A., Tallahassee, for the State Ass'n of County Com'rs, amicus curiae.

Stephen W. Metz, Tallahassee, and Robert M. Rhodes and James Hauser of Messer, Rhodes & Vickers, Tallahassee, for Florida Home Builders Ass'n, amicus curiae.

PER CURIAM.

Franklin County appeals summary judgments granted Leisure Properties, Ltd. (Leisure) and Musgrave Development, Inc. (Musgrave) on Counts II, III, IV, and VI of Leisure and Musgrave's consolidated complaint. Musgrave cross-appeals the summary judgment on Count II. We affirm in part and reverse in part.

Leisure purchased approximately 3,000 acres on St. George Island in 1971. Included were the parcels of...

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