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ORANGE COUNTY v. GARDNER

No. 85-161.

477 So.2d 621 (1985)

ORANGE COUNTY, Florida, a Political Subdivision of the State of Florida, Petitioner, v. R.G. GARDNER and Eugene Bernard, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 31, 1985.

Attorney(s) appearing for the Case

Harry A. Stewart, Co. Atty., and Scott E. Wilt, Asst. Co. Atty., Orlando, for petitioner.

Egerton K. van den Berg of Foley & Lardner, Van den Berg, Gay, Burke, Wilson & Arkin, Orlando, for respondents.

PER CURIAM.

The petition for writ of certiorari is hereby

DENIED.

ORFINGER and UPCHURCH, JJ., concur.

WINIFRED J. SHARP, J., dissents with opinion.

WINIFRED J. SHARP, Judge, dissenting.

I feel it necessary to dissent in this case, because, in my view, it involves and allows to stand an erroneously determined, important principle of law, which impacts on the viability of the Local Government Comprehensive Planning Act of 1975...

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