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ANGELO'S AGGREGATE MATERIALS v. PASCO

No. 2D12-3112.

118 So.3d 971 (2013)

ANGELO'S AGGREGATE MATERIALS, LTD., a Florida limited partnership, Appellant, v. PASCO COUNTY, Florida, a political subdivision of the State of Florida; and Debra M. Zampetti, in her capacity as zoning administrator, Appellees.

District Court of Appeal of Florida, Second District.

August 14, 2013.

Attorney(s) appearing for the Case

Alan F. Wagner of Wagner, Vaughan & McLaughlin, P.A., Tampa; and Thomas G. Pelham , Tallahassee, for Appellant.

Donald E. Hemke of Carlton Fields, P.A., Tampa; and Jeffrey N. Steinsnyder , County Attorney, David A. Goldstein , Chief Assistant County Attorney, and W. Elizabeth Blair , Senior Assistant County Attorney, New Port Richey, for Appellees.

Amy Taylor Petrick , West Palm Beach, for Amicus Curiae Florida Association of County Attorneys.

CRENSHAW, Judge.

Angelo's Aggregate Materials, Ltd. (Angelo's) appeals the dismissal of its suit for declaratory relief against Pasco County and its zoning administrator, Debra Zampetti (together the County). In the two-count complaint, Angelo's sought a declaration of its vested rights under the prior land use regulation and a declaration that certain portions of the County's Land Development Code (LDC) were unconstitutional. Because the circuit court erred in dismissing...

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