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RUSSO ASSOCIATES v. CITY OF DANIA BEACH

No. 4D04-4759.

920 So.2d 716 (2006)

RUSSO ASSOCIATES, INC., Appellant, v. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 2006.

Attorney(s) appearing for the Case

Samantha Tesser Haimo and Jeffrey A. Backman of Adorno & Yoss, LLP, Fort Lauderdale, for appellant.

Harriet R. Lewis of Weiss Serota Helfman Guedes Pastoriza Cole & Boniske, P.A., Fort Lauderdale, for appellee.

STONE, J.

Russo Associates, Inc. (Russo) brought this action under the Harris Private Property Protection Act, section 70.001, Florida Statutes, against the City of Dania Beach Code Enforcement Board (Dania). The trial court dismissed the complaint with prejudice, as barred by the statute of limitations. We reverse.

The dispute arose out of a change in zoning. Russo's existing use of the property was prohibited under the new zoning,

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