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MARTIN COUNTY v. SECTION 28 PARTNERSHIP

No. 94-2243.

668 So.2d 672 (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.

February 28, 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.

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

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

STEVENSON, Judge.

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 both the state and federal constitutions. The trial court's order is based on Martin County's denial of a series of applications for amendments to its comprehensive growth management plan designed to accommodate a proposed Planned Unit Development which would have increased...

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