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5220 BISCAYNE BOULEVARD, LLC v. STEBBINS

No. 3D06-1483.

937 So.2d 1189 (2006)

5220 BISCAYNE BOULEVARD, LLC and The City of Miami, Petitioners, v. Robert STEBBINS, Brian Hollenbeck, Jane Pittman, Joyce Chatard, Elvis Cruz, and Theresa Wright, Respondents.

District Court of Appeal of Florida, Third District.

September 13, 2006.

Attorney(s) appearing for the Case

Shutts & Bowen, LLP, and Stephen T. Maher, and Suzanne Youmans Labrit, and Maria A. Gralia, Miami; Jorge L. Fernandez, Sarasota, and Rafael Suarez-Rivas, Miramar, Attorney for The City of Miami, for petitioners.

Hite Baldwin, P.L., and M. Catherine Hite, for respondents.

Before GERSTEN, RAMIREZ, and WELLS, JJ.

RAMIREZ, J.

Petitioners 5220 Biscayne Boulevard, LLC and the City of Miami (hereinafter referred to collectively as "the City") seek a writ of prohibition to prevent the circuit court from proceeding with a de novo action filed pursuant to section 163.3215(3), Florida Statutes (2005), challenging the approval of a construction project at 5220 Biscayne Boulevard, Miami, Florida. The City argues that this Court should issue a writ of prohibition because the ...

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