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ARBOR PROPS. v. LAKE JACKSON PROT. ALLIANCE

No. 1D09-5211.

51 So.3d 502 (2010)

ARBOR PROPERTIES, INC., Summerfield PUD, LLC, and Summerfield PUD II, LLC., Appellants, v. LAKE JACKSON PROTECTION ALLIANCE, INC.; Jeffrey S. Phipps; Joanne E. Kowal; C. Tomoka Brady; and C. Perry Brown, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 26, 2011.

Attorney(s) appearing for the Case

W. Douglas Hall and Christine Davis-Graves of Carlton Fields, P.A., Tallahassee, for Appellants.

Terrell Arline , Panama City; George E. Lewis, II , Tallahassee, for Appellees.

THOMAS, J.

We have before us the trial court's order purporting to invalidate the Leon County Commission's development order approving Appellant's Planned Unit Development ("PUD") concept plan known as Summerfield. We reverse and remand with directions that summary judgment be entered in Appellants' favor.

We hold as a matter of law that the Special Development Zones defined in the Tallahassee/Leon County Comprehensive Plan ("Plan") do not apply within the...

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