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GRAVES v. POMPANO BEACH EX REL. CITY COM'N

No. 4D09-3790.

74 So.3d 595 (2011)

Barbara GRAVES, Gary Kast, Randi Martin and Lillian Thames, Appellants, v. CITY OF POMPANO BEACH, by and through its CITY COMMISSION, a Florida Municipality, and PPI, INC., Appellees.

District Court of Appeal of Florida, Fourth District.

November 23, 2011.

Attorney(s) appearing for the Case

Andrew J. Baumann , Kenneth G. Spillias and James E. Charles of Lewis, Longman & Walker, P.A., West Palm Beach, for appellants.

Gordon B. Linn , City Attorney, and Erin Gill Robles , Assistant City Attorney, Pompano Beach, for appellee City of Pompano Beach.

Daniel L. Wallach , Gary C. Rosen and Alan B. Koslow of Becker & Poliakoff, P.A., Fort Lauderdale, for appellee PPI, Inc.

ON MOTION FOR REHEARING

STEVENSON, J.

We grant appellants' motion for rehearing, withdraw our previous opinion issued on April 13, 2011, and substitute the instant decision in its place.

Appellants challenge the dismissal of their complaint for declaratory relief filed against appellees, the City of Pompano Beach and PPI, Inc., to declare a revised plat approval inconsistent with the City's comprehensive plan. Under section 163.3215(3), Florida...

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