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RESERVE, LTD. v. TOWN OF LONGBOAT KEY

No. 92-2149.

17 F.3d 1374 (1994)

The RESERVE, LTD., Plaintiff-Appellant, v. TOWN OF LONGBOAT KEY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 1, 1994.

Attorney(s) appearing for the Case

Donald Edward Hemke, Alan C. Sundberg, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, PA, Thomas J. Roehn, Annis, Mitchell, Cockey, Edwards & Roehn, PA, Tampa, FL, for plaintiff-appellant.

David P. Persson, Davis, Persson & Smith, Sarasota, FL, Edward F. Ryan, Nancy E. Stroud, Burke, Bosselman & Weaver, Boca Raton, FL, for defendant-appellee.

Before COX, Circuit Judge, JOHNSON, Senior Circuit Judge, and ATKINS, Senior District Judge.

COX, Circuit Judge:

The Reserve, Ltd., a Florida limited partnership (the "Reserve"), appeals the grant of summary judgment in favor of the Town of Longboat Key ("Longboat Key"). We affirm in part, vacate in part, and remand for further proceedings.

I. BACKGROUND1

Reserve sought to construct a spa complex in Longboat Key. In 1986, Longboat Key approved the first of several site plans for the complex. (R. 1-1 at Ex. B...

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