Richard REAHARD; Ann P. Reahard, Plaintiffs-Appellees,
v.
LEE COUNTY, Defendant-Appellant.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
August 14, 1992.
August 14, 1992.
Attorney(s) appearing for the Case
John J. Renner, Asst. Lee County Atty., Fort Myers, Fla., Robert N. Reynolds, Miami, Fla., Helena Schwartz, Atty. Gen., Special Projects Div., Jonathan A. Glogau, Tallahassee, Fla., for defendant-appellant.
Melissa P. Anderson, Ft. Lauderdale, Fla., (amicus) for Broward County.
Garvin & Tripp, P.A., Jeffrey Richard Garvin, Theodore L. Tripp, Ft. Myers, Fla., for plaintiffs-appellees.
Gibson & Lilly, Robin Gibson, Lake Wales, Fla., for 1000 Friends of Florida, Inc., amicus.
Thomas W. Reese, St. Petersburg, Fla., for RGMC and COTI amici.
John J. Dingfelder, Tampa, Fla., for Florida Ass'n of Counties and Florida Ass'n of County Attorneys amici.
William H. Ethier, Washington, D.C., amicus for National Assn. of Home Builders.
Joseph J. Gleason, V-P, Staff Legal Counsel, Lakeland, Fla., for Florida Citrus Mutual amicus.
G. Stephen Parker, President, Deborah A. Ausburn, The Southeastern Legal Foundation, Inc., Atlanta, Ga., amicus for Southeastern Legal Foundation, Inc.
Robin L. Rivett, Pacific Legal Foundation, Sacramento, Cal., for Pacific Legal Foundation, amicus.
Leonard A. Leo, Nancie G. Marzulla, Defenders of Property Rights, Washington, D.C., for Defenders of Property Rights, amicus.
Before FAY and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.
United States Court of Appeals, Eleventh Circuit.
FAY, Circuit Judge:
Appellant Lee County, a political subdivision of the State of Florida, appeals a magistrate judge's order finding that the adoption of the Lee County Comprehensive Land Use Plan resulted in a taking of Appellees Richard and Ann Reahard's property under the Fifth and Fourteenth Amendments to the United States Constitution. Because the magistrate judge misapplied the legal standard for partial takings and failed to make adequate factual findings...
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