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POLK COUNTY BUILDERS v. POLK COUNTY

No. 2D08-1998.

32 So.3d 65 (2009)

POLK COUNTY BUILDERS ASSOCIATION, INC., on behalf of its members and all Homebuilders and Homeowners of Polk County, Hickman Homes, Inc., Tyler Homes of Polk County, Inc., and Florida Homebuilders Association, Inc., Appellants, v. POLK COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 27, 2009.

Attorney(s) appearing for the Case

Amy Brigham Boulris and John W. Little, III, of Brigham Moore, LLP, West Palm Beach, for Appellants.

Gregory T. Stewart, Harry F. Chiles, and Carly J. Schrader of Nabors, Giblin & Nickerson, P.A., Tallahassee, and Michael S. Craig, Polk County Attorney, and Linda L. McKinley, Deputy County Attorney, Bartow, for Appellee.

DAVIS, Judge.

Appellants, Polk County Builders Association, Inc.; Hickman Homes, Inc.; Tyler Homes of Polk County, Inc.; and Florida Homebuilders Association, Inc., challenge the constitutionality of Polk County Ordinance 05-48 by arguing that article IX, section 1(a) of the Florida Constitution expressly preempts Polk County from participating in funding the voter-approved ballot initiative to reduce class size. After a review of the language of article IX, section...

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