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OSCEOLA COUNTY v. BEST DIVERSIFIED, INC.

Nos. 5D04-216, 5D04-217.

936 So.2d 55 (2006)

OSCEOLA COUNTY, Florida, et al., Appellants, v. BEST DIVERSIFIED, INC., and Peter L. Huff, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 11, 2006.

Attorney(s) appearing for the Case

Steven L. Brannock and David C. Borucke, of Holland & Knight LLP, Tampa, Scott J. Johnson of Holland & Knight, LLP, Orlando, and Jo O. Thacker, Osceola County Attorney, Kissimmee, for Appellant Osceola County, Florida.

L. Kathryn Funchess, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant Department of Environmental Protection.

James L. Bennett, Chief Assistant County Attorney, Clearwater, for Amicus Curiae.

Tracy A. Marshall, Mickey R.E. Ware, Dyana L. Petro and Monterey Campbell, of Gray, Robinson, P.A., Orlando, for Appellees.

ON MOTION FOR REHEARING

PER CURIAM.

Appellant, Osceola County, has filed a motion for rehearing and for rehearing en banc. We grant the motion for rehearing, withdraw our prior opinion and issue the following opinion in its place.

Osceola County ["County"] and the Florida Department of Environmental Protection ["DEP"] appeal a final judgment that awarded damages to Peter Huff and Best Diversified, Inc. ["Huff"] as the owner and operator of...

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