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M & H PROFIT, INC. v. CITY OF PANAMA CITY

No. 1D08-4983.

28 So.3d 71 (2009)

M & H PROFIT, INC., a Florida corporation, Appellant, v. CITY OF PANAMA CITY, a Florida municipal corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 18, 2010.

Attorney(s) appearing for the Case

Margaret L. Cooper of Jones, Foster, Johnson & Stubbs, P.A., West Palm Beach; W. Douglas Harris, Ft. Walton Beach; Joseph Anthony Morris of Morris, Cary, Andrews, Talmadge, Jones & Driggers, Dothan, Alabama, for Appellant.

David A. Theriaque, Brent Spain and Leslie E. Bryson of Theriaque, Voreck & Spain, Tallahassee, for Appellee.

WOLF, J.

We decide for the first time whether a property owner can state a cause of action under section 70.001, Florida Statutes (2006), otherwise known as the "Bert J. Harris, Jr., Private Property Rights Protection Act" (Bert Harris Act), based upon mere adoption of an ordinance of general applicability pursuant to the police powers of a city in a situation where that municipality has taken no further action concerning application of the ordinance to a particular...

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