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COSTCO WHOLESALE CORP. v. ORANGE COUNTY

No. 5D00-1728.

780 So.2d 198 (2001)

COSTCO WHOLESALE CORPORATION, a Washington Corporation, Appellant, v. ORANGE COUNTY, a political subdivision of the State of Florida, ABC Liquors, Inc., and Issa Saffar, d/b/a Liquor Plus, Appellees.

District Court of Appeal of Florida, Fifth District.

February 2, 2001.

Attorney(s) appearing for the Case

Scott A. Glass of Shutts & Bowen, LLP, Orlando, for Appellant.

James F. Page, Jr., and G. Robertson Dilg of Gray, Harris & Robinson, P.A., Orlando, for Appellee, Orange County.

John F. Bennet of Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Bonus, Orlando, for Appellee, ABC Liquors, Inc.

PLEUS, J.

This case involves the balance between a landowner's constitutionally protected property rights and the police powers of a county.

Costco constructed two membership warehouse clubs in unincorporated Orange County. It sought to transfer two of its package store liquor licenses to these new locations. Both warehouses are less than 5,000 feet from existing package stores. Orange County has had an ordinance since 1955 prohibiting a package store from...

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