CITY OF COCONUT CREEK v. CITY OF DEERFIELD BEACH

No. 4D02-1413.

840 So.2d 389 (2003)

CITY OF COCONUT CREEK, a Florida municipal corporation, Appellant, v. CITY OF DEERFIELD BEACH, a Florida municipal corporation, and Deerfield Beach Energy Center, LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

March 19, 2003.


Attorney(s) appearing for the Case

Nancy E. Stroud and Mark A. Rothenberg of Weiss Serota Helfman Pastoriza & Guedes, P.A., Fort Lauderdale, and Paul Stuart, City Attorney, and Nancy A. Cousins, Assistant City Attorney, Coconut Creek, for appellant.

Andrew S. Maurodis, City Attorney, Deerfield Beach, for appellee City of Deerfield Beach.

Elliot H. Scherker of Greenberg Traurig, P.A., Miami, and Jeffrey Gilbert of Greenberg Traurig, P.A., Fort Lauderdale, for appellee Deerfield Energy Center, LLC.


MAASS, ELIZABETH T., Associate Judge.

Appellant, City of Coconut Creek ("Coconut Creek"), appeals an order dismissing with prejudice its amended complaint challenging the consistency of a development order with Broward County's Comprehensive Plan and alleging substantive and procedural due process violations in the development order approval process. We conclude that appellant failed to satisfy a statutory condition precedent to suit within the time required, and...

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