CHARLOTTE COUNTY v. VETTER

No. 2D03-3404.

863 So.2d 465 (2004)

CHARLOTTE COUNTY, Florida, Appellant, v. Richard VETTER, as Trustee for the Charlotte County Park of Commerce, LLC; and Tremron of Miami, Inc., Appellees.

District Court of Appeal of Florida, Second District.

January 21, 2004.


Attorney(s) appearing for the Case

David Smolker and Brian Bolves of Bricklemyer Smolker & Bolves, P.A., Tampa, and W. Cort Frohlich of Wilkins, Frohlich, Jones, Hevia, Russell & Sutter, P.A., Port Charlotte, for appellant.

Alan W. Roddy of Matthews Eastmoore Hardy Crauwels & Garcia, Sarasota, for Amicus Curiae appellant.

Kenneth G. Oertel and Jeffrey Brown of Oertel, Fernandez & Cole, P.A., Tallahassee, for appellees.


COVINGTON, Judge.

Charlotte County challenges a preliminary injunction that mandated its approval of a subdivision plat application and site plan application concerning land adjacent to the Charlotte County Airport. We accept the circuit court's findings of fact, but conclude that we must reverse in part to the extent the order prematurely granted the relief requested in the complaint for damages, a permanent injunction, and a writ of mandamus.

In December...

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