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FLA. HOME BUILDERS v. CITY OF TALLAHASSEE

No. 1D07-6413.

15 So.3d 612 (2009)

FLORIDA HOME BUILDERS ASSOCIATION, INC., Tallahassee Builders Association, Inc., Hermitage Ventures, L.L.C., and Sue C. Boynton, Appellants/Cross-Appellees, v. CITY OF TALLAHASSEE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied July 6, 2009.

Attorney(s) appearing for the Case

Barry Richard, of Greenberg Traurig, P.A., Tallahassee; Keith C. Hetrick, General Counsel, Florida Home Builders Association, Tallahassee; John W. Little, III, of Brigham Moore LLP, West Palm Beach, and Amy Brigham Boulris, of Brigham Moore LLP, Coral Gables, for Appellants/Cross-Appellees.

James R. English, City Attorney, and Linda Hudson, Assistant City Attorney, City Attorney's Office, Tallahassee; Major B. Harding and Kenneth R. Hart, of Ausley & McMullen, Tallahassee, for Appellee/Cross-Appellant.

Valerie A. Fernandez and Steven Geoffrey Gieseler, Pacific Legal Foundation, Stuart, Amicus Curiae.

Jaimie A. Ross, Affordable Housing Director, and Uma Outka, Legal Director, 1000 Friends of Florida, Inc., Tallahassee, Amicus Curiae.

ALLEN, J.

The appellants challenge an order by which the trial court upheld the constitutionality of a municipal ordinance, upon the appellants' request for a declaratory judgment and injunctive relief. The appellee has moved to dismiss this appeal, based on the appellants' lack of standing to further maintain this action. Because the appellants have not established the requisite standing, the appeal is dismissed.

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