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D.R. HORTON, INC.—JACKSONVILLE v. PEYTON

No. 1D05-5585.

959 So.2d 390 (2007)

D.R. HORTON, INC.— JACKSONVILLE, Appellant, v. John PEYTON, in his official capacity as Mayor of the City of Jacksonville, a Florida municipal corporation; and Michael Saylor, in his official capacity as Director of Planning and Development for the City of Jacksonville, a Florida municipal corporation, Appellees.

District Court of Appeal of Florida, First District.

June 18, 2007.

Attorney(s) appearing for the Case

Fred D. Franklin, Jr., William D. Brinton, T.R. Hainline, Jr., Cristine M. Russell, and Christopher J. Hand of Rogers Towers, P.A., Jacksonville, for Appellant.

Cindy A. Laquidara, General Counsel and Tracey I. Arpen, Jr., Deputy General Counsel, Jacksonville, for Appellees.

Deborah J. Andrews, Ponte Vedra Beach, for Amicus Curiae Baymeadows Community Council, Inc.

VAN NORTWICK, J.

D.R. Horton, Inc.—Jacksonville (Horton) appeals an order granting final summary judgment in favor of John Peyton, in his capacity as the mayor of the City of Jacksonville (the City), and Michael Saylor, in his capacity as director of planning and development for the City, appellees. Horton brought an action challenging the mayor's veto of a resolution of the Jacksonville City Council (Council) which had approved a so-called "fair share assessment...

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