LANNING v. PILCHER

No. 1D07-6564.

16 So.3d 294 (2009)

Jerome K. LANNING and Joyce A. Lanning, husband and wife, and Ann C. Reese, as personal representative of the estate of Marlow Reese, individually and as representatives of similarly situated persons, Appellants, v. Patrick P. PILCHER, individually and in his official capacity as Property Appraiser of Walton County, Florida; Rhonda Skipper, individually and in her official capacity as Tax Collector of Walton County, Florida; Walton County, Florida, a political subdivision of the State of Florida; the Walton County School Board; Timothy Smith, individually and in his official capacity as Property Appraiser of Okaloosa County, Florida; Chris Hughes, individually and in his official capacity as Tax Collector for Okaloosa County, Florida, Okaloosa County, Florida, a political subdivision of the State of Florida; the City of Destin, Florida, a municipal corporation; the Okaloosa County School Board, James Zingale, individually and in his capacity as Executive Director of the Department of Revenue; and all named Defendants, individually and as representatives of a class of similarly situated persons or entities, Appellees.

District Court of Appeal of Florida, First District.

August 26, 2009.


Attorney(s) appearing for the Case

William Slaughter, Matthew T. Franklin, Mark D. Hess and James Wallace Porter of Haskell, Slaughter, Young & Rediker, LLC, Birmingham, AL; Thomas T. Gallion, III, of Haskell, Slaughter, Young & Gallion, LLC, Montgomery, AL; James G. Feiber, Jr. of Salter, Feiber, Murphy, Hutson & Menet, P.A., Gainesville; Marsha L. Lyons and Douglas S. Lyons of Lyons & Farrar, P.A., Tallahassee; William C. Owen of William C. Owen, LLC, Tallahassee; Talbot D'Alemberte of D'Alemberte & Palmer, PLLC, Tallahassee, for Appellants.

Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, Charles B. Upton, II, Deputy Solicitor General, Jarrell L. Murchison, Assistant Attorney General and James Clifton Cox, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellees James Zingale and the Department of Revenue; John C. Dent, Jr., and R. Laine Wilson of Dent & Johnson, Chartered, Sarasota, for Appellees Timothy Smith and Chris Hughes; Gregory Stewart, Harry Chiles and Carly J. Schrader of Nabors, Giblin & Nicherson, P.A., Tallahassee, for Appellees Okaloosa County and Walton County School Board; Joseph C. Mellichamp, III, and Larry E. Levy of The Levy Law Firm, Tallahassee, for Appellees Patrick Pilcher and Rhonda Skipper; C. Jeffery McInnis of Anchors Smith Grimsley, Ft. Walton Beach, for Appellee Okaloosa County School Board; Michael S. Burke, Office of County Attorney, Defuniak Springs, for Appellee Walton County; John R. Dowd, Okaloosa County Attorney, Shalimar, for Appellee Okaloosa County; Ben L. Holley, Crestview, for Appellee Walton County School Board.


PADOVANO, J.

This is an appeal from a final order upholding the constitutional validity of article VII, section 4(c) of the Florida Constitution, commonly known as the "Save Our Homes" Amendment.1 The plaintiffs argue that section 4(c) violates their rights under various provisions of the United States Constitution, principally the Equal Protection Clause, the Privileges and Immunities Clause, and the Commerce Clause. The defendants argue...

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