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WILSON v. PALM BEACH COUNTY

No. 4D10-58.

62 So.3d 1247 (2011)

Richard WILSON, Plant Explorers, LLC, and Excalibur Fruit Trees, LLC, Appellants, v. PALM BEACH COUNTY, Appellee.

District Court of Appeal of Florida, Fourth District.

June 15, 2011.

Attorney(s) appearing for the Case

Richard A. Kupfer of Richard A. Kupfer, P.A., Delray Beach , and John F. Romano , Lake Worth, for appellants.

Dawn S. Wynn , West Palm Beach, for appellee.

WARNER, J.

A landowner appeals a summary judgment in favor of Palm Beach County declaring that the Right to Farm Act did not preempt the County's enforcement of ordinances enacted prior to its passage. The court also determined that the special permitting requirements of county ordinances were not covered by the Act, because they did not limit farming operations. Finally, the court determined that the County enacted its development code pursuant to its home rule powers...

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