KUPKE v. ORANGE COUNTY

No. 5D02-1361.

838 So.2d 598 (2003)

Warren R. KUPKE, et al., Petitioner, v. ORANGE COUNTY, Respondent.

District Court of Appeal of Florida, Fifth District.

February 7, 2003.


Attorney(s) appearing for the Case

William G. Osborne, of William G. Osborne, P.A., Orlando, for Petitioners.

George L. Dorsett, Assistant County Attorney, Orlando, for Respondent.

John W. Costigan, Tallahassee, Amicus Curiae, for Florida Department of Agriculture and Consumer Services.


ON MOTION FOR RECONSIDERATION

HARRIS, C., Senior Judge.

We withdraw the previous opinion issued in this cause and substitute the following:

Kupke, a farmer in an extremely rural area, was cited by the Code Enforcement Board of Orange County with operating an unauthorized "junkyard" on his agricultural zoned land because he "stored" a bushhog, a bulldozer, a crane, a backhoe, and various other equipment...

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