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PAYNE v. CITY OF MIAMI

No. 3D06-2409.

53 So.3d 258 (2010)

Captain Herbert PAYNE; The Durham Park Neighborhood Association, Inc., a Florida not for profit corporation; and the Miami River Marine Group, Inc., a Florida not for profit corporation, Appellants, v. CITY OF MIAMI, a Florida municipal corporation; and Riverside Investments, LLC, a Florida limited liability corporation, Appellees.

District Court of Appeal of Florida, Third District.

December 8, 2010.

Attorney(s) appearing for the Case

Andrew W.J. Dickman (Naples), for appellants.

Greenberg Traurig and David C. Ashburn (Tallahassee); Greenberg Traurig and Elliot H. Scherker and Lucia Dougherty , Miami, and Pamela A. DeBooth , for appellee Riverside Investments, LLC; Jorge L. Fernandez, City Attorney, and Rafael Suarez-Rivas, Assistant City Attorney, for appellee City of Miami.

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

On Riverside 22 Investments, LLC's Motions for Rehearing

ROTHENBERG, J.

The City of Miami ("the City") and Riverside 22 Investments, LLC ("Riverside") filed Motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Riverside's Motion for Rehearing is denied. We, however, withdraw this Court's opinion issued on August 29, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial...

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