1000 FRIENDS OF FLORIDA, INC. v. PALM BEACH COUNTY

No. 4D10-2290.

75 So.3d 1270 (2011)

1000 FRIENDS OF FLORIDA, INC., and Sierra Club, Appellants, v. PALM BEACH COUNTY and Rinker Materials of Florida, Inc., d/b/a Cemex, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 2012.


Attorney(s) appearing for the Case

Robert N. Hartsell and Richard Grosso of Everglades Law Center, Fort Lauderdale, for appellants.

Robert P. Banks and Leonard Berger , Senior Assistant County Attorneys, West Palm Beach, for appellee, Palm Beach County.

Larry A. Klein and Martin J. Alexander of Holland & Knight LLP, West Palm Beach, for appellee, Rinker Materials of Florida, Inc., d/b/a Cemex.


PER CURIAM.

Based on 1000 Friends of Florida, Inc. v. Palm Beach County, 69 So.3d 1123 (Fla. 4th DCA 2011), we reverse the final judgment in favor of appellees. Although there was some evidence that the proposed mine might support agricultural activities, this was a tangential, collateral benefit. The permit provided no benchmarks to insure that an agricultural use would be consistent with the requirement of the policy in...

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