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PALM BEACH COUNTY v. COVE CLUB INVESTORS

No. 90,750.

734 So.2d 379 (1999)

PALM BEACH COUNTY, a political subdivision of the State of Florida, Petitioner, v. COVE CLUB INVESTORS LTD., d/b/a Sandalfoot Country Club, a Florida limited partnership, Respondent.

Supreme Court of Florida.

April 8, 1999.

Attorney(s) appearing for the Case

Denise D. Dytrych, County Attorney, and Leonard Berger and Barry S. Balmuth, Assistant County Attorneys, West Palm Beach, Florida, for Petitioner.

David D. Welch of Welch & Finkel, Pompano Beach, Florida, for Respondent.

James G. Yaeger, Lee County Attorney, Fort Myers, Florida, for Lee County, Amicus Curiae.

ANSTEAD, J.

We have for review the decision in Palm Beach County v. Cove Club Investors Ltd., 692 So.2d 998 (Fla. 4th DCA 1997), wherein the court certified the following as a question of great public importance:

WHETHER THE RIGHT OF A PRIVATE COUNTRY CLUB TO RECEIVE A STREAM OF INCOME FROM A MONTHLY RECREATION FEE ASSESSED AGAINST THE OWNER OF A RESIDENTIAL MOBILE HOME LOT CONSTITUTES A PROPERTY RIGHT COMPENSABLE...

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