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TOWN OF PONCE INLET v. PACETTA, LLC

No. 5D12-1982.

120 So.3d 27 (2013)

TOWN OF PONCE INLET, Appellant, v. PACETTA, LLC, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied August 15, 2013.

Attorney(s) appearing for the Case

Elliot H. Scherker , Brigid F. Cech Samole and Rachel A. Canfield , of Greenberg, Traurig, P.A., Miami, Kimberly S. Mello , of Greenberg Traurig, P.A., Tampa, Noah C. McKinnon and Abraham C. McKinnon , of McKinnon & McKinnon Attorneys at Law, P.A., Ormond Beach, for Appellant.

Nancy E. Stroud , of Lewis, Stroud & Deutsch, P.L., Boca Raton, for American Planning Association, Florida Chapter and Florida league of Cities, Inc., Amicus Curiae.

Peter B. Heebner and John Upchurch , of Heebner, Baggett, Upchurch & Garthe, P.L., Daytona Beach and David A. Monaco , The Carlyle Appellate Law Firm, The Villages, for Appellee.

Alan E. Deserio and Christina M. Martin , Stuart, for Pacific Legal Foundation, Amicus Curiae.

PALMER, J.

The Town of Ponce Inlet appeals the portion of the non-final order entered by the trial court finding in favor of Pacetta, LLC., Down The Hatch, Inc., and Mar-Tim, Inc., (hereinafter collectively referred to as "Pacetta") on their claim for damages under the Bert J. Harris, Jr. Private Property Rights Protection Act (Harris Act), section 70.001, Florida Statutes (2009).1 Determining...

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