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MARION COUNTY v. FDCA

No. 5D01-1891.

817 So.2d 1062 (2002)

MARION COUNTY, Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

June 7, 2002.

Attorney(s) appearing for the Case

Gordon B. Johnston, County Attorney, and Thomas B. MacNamara, Assistant County Attorney, Ocala for Appellant, Marion County.

John K. McPherson of Coffey & McPherson, Gainesville, for Appellee Intervenors.

Alfred O. Bragg, III, Tallahassee, for Appellee, Department of Community Affairs.

David D. Eastman of Lutz, Webb, Bobo & Eastman, Tallahassee, for Appellee Amici FMHA.

PETERSON, J.

Marion County appeals a summary final judgment finding that its Ordinance 98-21 is "invalid insofar as it attempts to restrict manufactured housing within a residentially zoned area which otherwise permits on site construction."

On May 20, 1998, the Board of County Commissioners of Marion County enacted Ordinance 98-21 to discourage incompatible land uses. The operative section of the ordinance allowed manufactured buildings to be installed "in...

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