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BAY POINT CLUB, INC. v. BAY COUNTY

No. 1D03-1240.

890 So.2d 256 (2004)

BAY POINT CLUB, INC., Appellant, v. BAY COUNTY, a political subdivision of the State of Florida, and K. Earl Durden; David Allen Spencer; Harry B. Sipple, III; Unal Tutak; David W. Hill; Lucy N. Hilton; William F. Fusselman; and Bay Point Community Association, Inc., Appellees.

District Court of Appeal of Florida, First District.

October 25, 2004.

Attorney(s) appearing for the Case

D. Andrew Byrne and Bram D.E. Canter, Cooper, Byrne, Blue & Schwartz, LLC, Tallahassee; and Kenneth D. Goldberg, Tallahassee, for Appellant.

Robert C. Apgar and Sherry A. Spiers, Law Offices of Robert C. Apgar, Tallahassee, for Appellees, representing K. Earl Durden, et al.

Michael S. Burke; Burke, Blue & Hutchison, P.A., Panama City, for Appellees, representing Bay County.

Paul H. Amundsen and Richard W. Moore; Amundsen & Gilroy, P.A., Tallahassee, for Appellees, representing Bay Point Community Association.

Janet E. Bowman, Legal Director, 1000 Friends of Florida, Tallahassee, as Amicus Curiae.

David L. Jordan, Deputy General Counsel, Department of Community Affairs, Tallahassee, as Amicus Curiae.

EN BANC

HAWKES, J.

This case involves the extent of vested rights in a development of regional impact (DRI). We consider the case en banc, pursuant to Florida Rule of Appellate Procedure 9.331(1), to maintain uniformity of this court's decisions. A proper resolution of this case requires us to recede from our prior decision in Edgewater Beach Owners Ass'n v. Walton County, 833 So.2d 215 (Fla. 1st DCA 2002), rev. denied, 845...

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