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
December 8, 1992.
December 8, 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., amicus for 1000 Friends of Florida, Inc.
Thomas W. Reese, St. Petersburg, Fla., amicus for RGMC and COTI.
Harris Morrison, Jr., Tallahassee, Fla., amicus for Florida League of Cities.
John J. Dingfelder, Tampa, Fla., amicus for Florida Assoc. of Counties & Florida Assoc. of County Attys.
William H. Ethier, Washington, D.C., amicus for National Assn. of Home Builders.
Joseph J. Gleason, V-P, Staff Legal Counsel, Lakeland, Fla., amicus for Florida Citrus Mutual.
G. Stephen Parker, President, Deborah A. Ausburn, The Southeastern Legal Foundation, Inc., Atlanta, Ga., amicus for Southeastern Legal Foundation, Inc.
Hart, Fuller & Smith, PA, Marty Smith, Ocala, Fla., amicus for Florida Dairy Farmers, Inc., Fla. Land Council, Fl. Farm Bureau Federation & FL Cattlemen's Assn.
Robin L. Rivett, Pacific Legal Foundation, Sacramento, Cal., amicus for Pacific Legal Foundation.
Leonard A. Leo, Nancie G. Marzulla, Defenders of Property Rights, Washington, D.C., amicus for Defenders of Property Rights.
Before FAY and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.
United States Court of Appeals, Eleventh Circuit.
FAY, Circuit Judge:
The original opinion in this case is published at 968 F.2d 1131 (11th Cir.1992). However, upon further review of this matter, the court is concerned about the question of subject matter jurisdiction. We are aware that the United States magistrate judge denied Lee County's motion to dismiss for lack of ripeness, and the parties did not raise the issue on appeal. However, ripeness is a question of subject matter...
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