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ISLAMORADA, VILLAGE OF ISLANDS v. HIGGS

No. 3D03-1508.

882 So.2d 1009 (2004)

ISLAMORADA, VILLAGE OF ISLANDS, Appellant, v. Ervin HIGGS, as Property Appraiser of Monroe County, Appellee.

District Court of Appeal of Florida, Third District.

Order Denying Rehearing and Opinion Dissenting From Denial of Rehearing August 11, 2004.

Attorney(s) appearing for the Case

Weiss Serota Helfman Pastoriza Guedes Cole & Boniske and Edward G. Guedes and Nina L. Boniske, for appellant.

John C. Dent, Jr., and Sherri L. Johnson(Sarasota), for appellee.

Before LEVY, GERSTEN, and WELLS, JJ.

Order Denying Rehearing En Banc and Opinion Dissenting From Denial of Rehearing En Banc August 11, 2004.

LEVY, Judge.

Islamorada, Village of Islands ("Village"), appeals from a Final Summary Judgment entered in favor of Ervin Higgs, the Property Appraiser of Monroe County, Florida ("Property Appraiser"). We reverse.

The Village has exclusively owned and operated the Plantation Yacht Harbor Marina ("Marina") since April 13, 2000. The Marina is a portion...

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