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VILLAS OF LAKE JACKSON, LTD. v. LEON COUNTY

No. 95-3698.

121 F.3d 610 (1997)

VILLAS OF LAKE JACKSON, LTD.; Richard L. Pelham; Equity Resources, Inc.; Lake Jackson, Ltd.; Plaintiffs-Appellants, Public Bank, a Florida banking corporation, Intervenor-Plaintiff, v. LEON COUNTY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 8, 1997.

Attorney(s) appearing for the Case

E.C. Deeno, Kitchen, Larry D. Simpson, Kitchen, Judkins, Simpson & High, Thomas G. Pelham, Shaw P. Stiller, Apgar, Pelham & Pfeiffer, Tallahassee, FL, for Plaintiffs-Appellants.

Gregory T. Stewart, John C. Cooper, Tallahassee, FL, for Defendant-Appellee.

Before BIRCH, Circuit Judge, and RONEY and FARRIS, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

The plaintiff landowners here are attempting to establish a constitutional cause of action against the County because the rezoning of the landowners' real property took away their right to build high-density apartment complexes. On summary judgment, in a comprehensive and well-reasoned 62-page opinion, the Magistrate Judge to whom the case was submitted held that

(1) the due process taking claim fails because there is no such...

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