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MIAMI-DADE COUNTY v. PALMETTO BAY

No. 99-1714.

744 So.2d 1076 (1999)

MIAMI-DADE COUNTY, et al., Appellants, v. PALMETTO BAY, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 23, 1999.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, and Craig H. Coller, Assistant County Attorney, for appellants.

Brian W. Pariser, Miami; Ludovici & Ludovici and Edward P. Ludovici, Miami; Eugene P. Flinn, Jr., Miami, for Palmetto Bay; Weiss Serota Helfman Pastoriza & Guedes and Joseph H. Serota, Miami, for West Dade Federation.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.

PER CURIAM.

This case involves the interpretation of Section 5.05 of the Dade County Home Rule Charter which authorizes the "Board of County Commissioners and only the Board ... [to] creat[e] ... new municipalities in the unincorporated areas of the county after hearing the recommendations of the Planning Advisory Board, after a public hearing, and after an affirmative vote of a majority of the electors voting and residing within the proposed boundaries......

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