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GILMORE v. HERNANDO COUNTY

No. 90-1105.

584 So.2d 27 (1991)

Bill GILMORE, et al., Appellants, v. HERNANDO COUNTY, Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 5, 1991.

Attorney(s) appearing for the Case

Glen E. Greenfelder, Greenfelder, Mander, Hanson & Murphy, Brooksville, for appellants.

Robert Bruce Snow, Hernando County Atty., Brooksville, for appellees Hernando County, Fla. and Bd. of County Com'rs of Hernando County, Fla.

Donald E. Hemke, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellees Kama, Inc., John M. Daniel and Betty J. Daniel.

PER CURIAM.

Appellants (landowners bordering or near rezoned property) appeal from a final summary judgment which held there was no material fact question raised by the record before the trial court as to whether the challenged rezoning pursuant to section 163.3215(1), Florida Statutes (1989) was inconsistent with Hernando County's Comprehensive Plan. The trial court expressly applied the "fairly debatable" standard of review. We affirm, even though perhaps the trial...

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