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DEPT. OF COMMUNITY AFFAIRS v. MARION CTY.

No. 98-1612.

734 So.2d 1147 (1999)

DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, Appellant, v. MARION COUNTY, etc., Appellees.

District Court of Appeal of Florida, Fifth District.

May 28, 1999.

Attorney(s) appearing for the Case

Alfred O. Bragg, III, and Stephanie Gehres Kruer, Tallahassee, for Appellant.

Gordon B. Johnston, County Attorney, and Thomas D. MacNamara, Assistant County Attorney, Ocala, for Appellees.

Carl R. Peterson, Jr., of Skelding, Labasky, Corry, Hauser, Jolly & Metz, P.A., Tallahassee, Amicus curiae for Florida Manufactured Housing Association, Inc.

THOMPSON, J.

The Department of Community Affairs appeals an order entered on its motion for a temporary injunction.

Marion County enacted Ordinance 98-2, which placed a moratorium on the issuance of permits for manufactured buildings in the R-1 zoning district. The department sued the county, alleging that the ordinance violated section 553.38, Florida Statutes,1 and that it was authorized by the same statute to bring the action...

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