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BEYER v. CITY OF MARATHON

No. 3D08-2864.

37 So.3d 932 (2010)

Gordon BEYER and Molly Beyer, Appellants, v. CITY OF MARATHON and The State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

June 9, 2010.

Attorney(s) appearing for the Case

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

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

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

CORTIÑAS, J.

In 1970, Gordon and Molly Beyer purchased Bamboo Key, an offshore island of approximately nine acres in unincorporated Monroe County (the "Property"). At the time of the purchase, undeveloped off-shore islands were zoned "General Use" and were allowed development at a density of one dwelling unit per acre. In late 1986, Monroe County adopted the State Comprehensive Plan which, among other impacts, changed the zoning designation of the Property to...

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