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MANATEE COUNTY v. 1187 UPPER JAMES

No. 2D12-1425.

104 So.3d 1118 (2012)

MANATEE COUNTY, a political subdivision of the State of Florida, Appellant, v. 1187 UPPER JAMES OF FLORIDA, LLC, a Florida limited liability company; Teresa Pulaski; Wesley Rose; The Bearded Clam Waterfront Restaurant and Tiki Bar, Inc., a Florida corporation; Whitfieldballentine Manor Association, Inc., a Florida nonprofit corporation; Wade Yarchan; Vern Kropf; Ron Getman; Dan Young; and Michael Holderness, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 16, 2013.

Attorney(s) appearing for the Case

James A. Minix , Chief Deputy County Attorney, and Sarah A. Schenk , Deputy County Attorney, Bradenton, for Appellant.

Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Appellees.

VILLANTI, Judge.

Manatee County seeks review of the order denying its motion for a temporary injunction to require Defendants 1187 Upper James of Florida, LLC, Teresa Pulaski, Wesley Rose, and the Bearded Clam Waterfront Restaurant and Tiki Bar, Inc. (collectively "the Restaurant"), to comply with the provisions of Manatee County ordinance PDMU 98-03(P)(R) while the parties litigate the enforceability of that ordinance. We have jurisdiction, see Fla. R.App...

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