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MARTIN COUNTY v. SECTION 28 PARTNERSHIP

No. 94-2243.

676 So.2d 532 (1996)

MARTIN COUNTY, Florida, a Political Subdivision of the State of Florida, Appellant/Cross-Appellee, v. SECTION 28 PARTNERSHIP, LTD., a Florida Limited Partnership, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

July 17, 1996.

Attorney(s) appearing for the Case

Susan L. Trevarthen, Nancy E. Stroud and Edward F. Ryan of Burke, Weaver & Prell, Boca Raton; Noreen S. Dreyer and Gary K. Oldehoff of Martin County Attorney's Office, Stuart, for appellant/cross-appellee.

Marcella Larsen and Charles Siemon of Siemon, Larsen & Marsh, Boca Raton, for appellee/cross-appellant.

Terrell K. Arline, Tallahassee, for Amicus Curiae Florida Department of Community Affairs.

ON MOTION FOR REHEARING, CLARIFICATION AND CERTIFICATION

STEVENSON, Judge.

We grant appellee's motion for rehearing and clarification of our opinion filed February 28, 1996 and substitute the following opinion in its place. We deny the motion for certification.

This is an appeal from a final order of the trial court granting injunctive relief and monetary damages for alleged violations of substantive due process and the takings clauses of...

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