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McCOLE v. CITY OF MARATHON

No. 3D08-2841.

36 So.3d 750 (2010)

Jeanine I. McCOLE, as Trustee, Appellant, v. CITY OF MARATHON and The State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied June 28, 2010.

Attorney(s) appearing for the Case

James S. Mattson, Key Largo; Andrew M. Tobin, Tavernier, for appellant.

Bill McCollum, Attorney General, and Jonathan A. Glogau, Tallahassee, Chief, Complex Litigation; Stearns Weaver Miller Weissler Alhadeff & Sitterson and Mark D. Solov and Adam M. Schachter, for appellees.

Before RAMIREZ, C.J., and GERSTEN and CORTIÑAS, JJ.

CORTIÑAS, J.

In 1978, Mr. and Mrs. McCole purchased a platted lot (the "Property") in an area that was, at the time, in unincorporated Monroe County (the "County"). The Property was zoned RU-1, single-family residential.

In 1986, Monroe County adopted the State Comprehensive Plan (the "State Plan"). While the zoning designation of the Property remained unchanged, the State Plan added wetland protection measures to the County's land development regulations...

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