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SULLIVAN PROPERTIES, INC. v. CITY OF WINTER SPRINGS

No. 95-492-CIV-ORL-18.

899 F.Supp. 587 (1995)

SULLIVAN PROPERTIES, INC., a Florida corporation, Plaintiff, v. The CITY OF WINTER SPRINGS, a Florida municipality, Defendant.

United States District Court, M.D. Florida, Orlando Division.

September 25, 1995.

Attorney(s) appearing for the Case

Michael D. Jones, Law Office of Michael D. Jones, Winter Springs, FL, Jeffrey Brown, Florida Department of Environmental Protection, Tallahassee, FL, for plaintiff Sullivan Properties, Inc., a Florida corporation.

Dale O. Morgan, Michael J. Roper, Dean, Ringers, Morgan and Lawton, P.A., Orlando, FL, for defendant City of Winter Springs, a Florida municipality.

ORDER

G. KENDALL SHARP, District Judge.

This case is before the court on Defendant City of Winter Springs' (Winter Springs') motion to dismiss Plaintiff's second amended complaint (Doc. 16). Plaintiff Sullivan Properties, Inc. (Sullivan) removed this case from state court, and alleges that Winter Springs violated Sullivan's constitutionally protected rights by denying Sullivan a permit to dig a "borrow pit" within...

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