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HOLMES v. MARION COUNTY

No. 5D06-3225.

960 So.2d 828 (2007)

William J. HOLMES and Judith A. Holmes, Appellant, v. MARION COUNTY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 25, 2007.

Attorney(s) appearing for the Case

Craig B. Willis, of Fixel Maguire & Willis, Tallahassee, for Appellant.

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

LAWSON, J.

William J. and Judith A. Holmes, past owners and operators of a construction and debris landfill, appeal from a final judgment denying their claim for damages under the Bert J. Harris, Jr. Private Property Rights Protection Act, ("Bert Harris Act"), section 70.001, Florida Statutes (2006). We affirm.

The Holmes purchased a forty-six-acre parcel of property in Marion County, Florida, in 1986. A portion of this property

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