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POULOS v. MARTIN COUNTY

No. 96-2853.

700 So.2d 163 (1997)

Jean POULOS, Charles Brooks, Karen Shidel and Pinecrest Lakes and Parks, Inc., Appellants, v. MARTIN COUNTY and Pinecrest Lakes, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

October 15, 1997.

Attorney(s) appearing for the Case

David J. Russ, Tallahassee, and Richard J. Grosso, Plantation, for Appellants.

Robert D. Guthrie, County Attorney, and Gary K. Oldehoff, Assistant County Attorney, Stuart, for Appellee Martin County.

Jack J. Aiello and Ernest A. Cox of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., West Palm Beach, for Appellee Pinecrest Lakes, Inc.

Terrell K. Arline, Tallahassee, for Amicus Curiae 1000 Friends of Florida, Inc.

Jorge L. Fernandez, Sarasota, for Amicus Curiae Florida Association of County Attorneys.

Robert M. Rhodes and Donna E. Blanton of Steel Hector & Davis, LLP, Tallahassee, for Amici Curiae Florida Home Builders Association and Florida Association of Realtors.

PER CURIAM.

This action was brought in the trial court pursuant to, section 163.3215, Florida Statutes (1995). We conclude that section 163.3215 provides for a de novo trial. Accordingly, our review is by appeal. Because the trial court concluded appellant's action did not entitle them to a de novo proceeding, we reverse and remand with direction to proceed in accordance herewith.

Appellants' action for declaratory and injunctive relief pursuant to the above...

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