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LEE COUNTY v. ZEMEL

No. 94-03577.

675 So.2d 1378 (1996)

LEE COUNTY, a political subdivision of the State of Florida, Appellant/Cross-Appellee, v. Sylvan ZEMEL, as trustee; Shirley Kaufman, as trustee; Nathan Zemel, as trustee; Horace Zemel, as trustee; Freda Romanoff, as trustee; Samuel B. Zemel, as trustee; Chester Zemel, as trustee; Nuss-Nathan Zemel, as trustee; Sylvia K. Zemel, individually and as trustee; Nathanial M. Zemel, individually and as trustee; Edward S. Zemel, individually and as trustee; Ronald E. Wiss, as trustee, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 28, 1996.

Attorney(s) appearing for the Case

James G. Yaeger, Lee County Attorney, and Thomas L. Wright, Assistant County Attorney, Fort Myers; Kenneth G. Oertel and Patricia A. Renovitch of Oretel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for Appellant/Cross-Appellee.

Elizabeth C. Bowman and Jonathan T. Johnson of Hopping Green Sams & Smith, P.A., Tallahassee; Harold N. Hume, Jr., Gerald W. Pierce, and Russell P. Schropp, of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellees/Cross-Appellants.

Brigette A. Ffolkes, Assistant General Counsel, Tallahassee, Amicus Curiae for the State of Florida, Department of Community Affairs.

QUINCE, Judge.

Appellees (the Zemels) brought this action in the trial court challenging, inter alia, the constitutionality of the 1990 amendments to the 1989 Lee County Comprehensive Land Use Plan adopted by the appellant, Lee County Board of County Commissioners (Lee County). The amendments place various lands, including some owned by the Zemels, in a newly-created land use category known as "Density Reduction/Groundwater Resource." By amended complaint,...

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