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MONROE COUNTY v. GONZALEZ

No. 91-2457.

593 So.2d 1143 (1992)

MONROE COUNTY, a political subdivision of the State of Florida, Appellant, v. Florentino GONZALEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 24, 1992.

Attorney(s) appearing for the Case

Mark Graham Hanson and Raul Aguila, Asst. County Attys., Key West, for appellant.

Mattson & Tobin and James Mattson and Andrew M. Tobin, Key Largo, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

PER CURIAM.

Monroe County appeals an adverse nonfinal order determining the issue of liability in an inverse condemnation matter. The order reads in pertinent part as follows:

"The court finds that § 9.5-262 (Maximum Residential Density and District Open Space) and § 9.5-343 (Open Space Requirements), Monroe County Code ("MCC"), as applied to plaintiff's property, are confiscatory and invalid. These regulations...

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