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SEMINOLE COUNTY v. CITY OF WINTER SPRINGS

No. 5D05-81.

935 So.2d 521 (2006)

SEMINOLE COUNTY, Florida, Appellant/Cross-Appellee. v. The CITY OF WINTER SPRINGS, Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 26, 2006.

Attorney(s) appearing for the Case

Robert A. McMillan, Seminole County Attorney, Stephen P. Lee, Deputy County Attorney, and C. Allen Watts of Cobb & Cole, Deland, for Appellant/Cross-Appellee.

Anthony A. Garganese and Erin J. O'Leary of Brown, Garganese, Weiss & D'Agresta, P.A., Orlando, for Appellee/Cross-Appellant.

Leonard Berger, Senior Assistant County Attorney, West Palm Beach, Amicus Curiae for The Florida Association of Counties, et al.

Thomas G. Pelham of Fowler White Boggs Banker, P.A., Tallahassee, and Catherine D. Reischmann of Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, P.A., Amicus Curiae for The Florida League of Cities, Inc.

LAWSON, J.

Seminole County, Florida, ("County"), appeals from a final judgment declaring invalid a County charter amendment allowing the County to regulate future development in a rural eastern section of the County. The City of Winter Springs, ("City"), cross appeals from the same judgment. We disagree with the trial court's conclusions that: (1) the ballot summary language explaining the charter amendment to the County...

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