AGRIPOST v. MIAMI-DADE COUNTY

No. 97-5654.

195 F.3d 1225 (1999)

AGRIPOST, INC., a Florida Corporation, Agri-Dade, Ltd., a Florida Limited Partnership, Plaintiffs-Appellees, v. MIAMI-DADE COUNTY, through its Manager and Board of County Commissioners, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 1999.


Attorney(s) appearing for the Case

Robert L. Krawcheck and James J. Allen, Asst. County Attys., Chesterfield Smith, Holland & Knight, Miami, FL, for Defendant-Appellant.

Joseph Wayne Beasley, Kelly, Black, Black, Byrne & Beasley, PA, Miami, FL, Sheldon H. Elsen, Orans, Elsen & Lupert, New York City, NY, for Plaintiffs-Appellees.

Charles McCoy, Asst. Atty. Gen., Tallahassee, FL, Amicus Curiae brief on behalf of Defendant-Appellant.

Before TJOFLAT and EDMONDSON, Circuit Judges, and KRAVITCH, Senior Circuit Judge.


TJOFLAT, Circuit Judge:

In 1987, the Board of Commissioners of Dade County, Florida, granted Agripost, Inc. an unusual use zoning permit for the construction and operation of a waste disposal facility. In 1991, the Dade County Zoning Appeals Board revoked the permit. After an appellate panel of the Dade County Circuit Court affirmed the revocation, and the Florida District Court of Appeal declined review, Agripost brought this suit against Dade County, claiming that...

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