MARION COUNTY v. KIRK

No. 5D06-3701.

965 So.2d 330 (2007)

MARION COUNTY, Florida, et al., Appellants, v. Michelle KIRK, Appellee.

District Court of Appeal of Florida, Fifth District.

September 21, 2007.


Attorney(s) appearing for the Case

Thomas L. Wright, County Attorney, and Thomas D. MacNamara, Chief Assistant County Attorney, Ocala, for Appellant Marion County.

Michael P. Donaldson and Christine R. Davis of Carlton Fields, P.A., Tallahassee, and Michael E. Dean of Dean & Dean, LLP, Ocala, for Appellant C & K Investments.

No Appearance for Appellee.


PALMER, C.J.

Marion County and its Board of County Commissioners (BCC) appeal the trial court's order granting appellee Michelle Kirk's petition for a writ of mandamus, thereby compelling BCC to comply with the notice requirements of its land development code and reconsider its grant of a special use permit. Determining that Kirk was not legally entitled to receive mandamus relief in this matter, we reverse.

BCC approved an application for a special use permit...

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