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CLAY v. MONROE COUNTY

No. 3D01-2280.

849 So.2d 363 (2003)

Robert Lee CLAY, James and Maria A. Kelly, Co-trustees of the James F. Kelly 1997 Family Trust and Edward Mauceri, John A. and Susan L. Maitner, John K. Moyant and Lichiung Moyant, and Kenneth J. Neuman, Appellants, v. MONROE COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 2003.

Attorney(s) appearing for the Case

Greenman & Manz and Franklin D. Greenman, Marathon, for Appellants.

Morgan & Hendrick and Karen K. Cabanas, for Appellee.

Frank A. Shepherd, Pacific Legal Foundation as Amicus Curiae.

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

COPE, J.

This is an appeal from the trial court's denial of a petition for writ of mandamus and other relief. We affirm.

I.

The petitioners-appellants are owners of residential lots in improved subdivisions on Big Pine Key in Monroe County. Each applied for a building permit to construct a single family residence. In each case, Monroe County approved the building permit application. The property owners then made application under the Monroe County...

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