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HILLCREST PROPERTY, LLC v. PASCO COUNTY

No. 13-12383.

754 F.3d 1279 (2014)

HILLCREST PROPERTY, LLC, Plaintiff-Appellee, v. PASCO COUNTY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 18, 2014.

Attorney(s) appearing for the Case

David Smolker , Jacob T. Cremer , Ethan J. Loeb , Smolker Bartlett Schlosser Loeb & Hinds, PA, Kristin Marie Tolbert , Attorney at Law, Tampa, FL, for Plaintiff-Appellee.

Donald Edward Hemke , Herbert Raymond Allen, II , April Justus Bristow , Carlton Fields Jorden Burt , PA, Tampa, FL, Nicki H. Spirtos , Jeffrey N. Steinsnyder , New Port Richey, FL, for Defendant-Appellant.

Before TJOFLAT, FAY and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge:

In this civil rights action, brought by Hillcrest Property, LLC ("Hillcrest") pursuant to 42 U.S.C. § 1983, Pasco County appeals from the District Court's decision granting a partial summary judgment on Hillcrest's motion and issuing a permanent injunction against enforcement of the Right-of-Way Preservation Ordinance ("Ordinance"). The District Court held that the Ordinance facially violates substantive due process under the Fourteenth...

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