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P.I.E., LLC v. DESOTO COUNTY

No. 2D12-4812.

133 So.3d 577 (2014)

P.I.E., LLC, a Florida limited liability company, Appellant, v. DeSOTO COUNTY, a political subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 21, 2014.

Attorney(s) appearing for the Case

James S. Mattson , Key Largo; and Andrew M. Tobin , Tavernier, for Appellant.

Donald D. Conn of Pennington, P.A., Tampa, for Appellee.

ALTENBERND, Judge.

P.I.E., LLC, appeals an order that dismissed its amended complaint with prejudice. We affirm the dismissal as to count II of the amended complaint but reverse the dismissal as to count I. Count I alleged a claim under the Bert J. Harris, Jr., Private Property Rights Protection Act. See § 70.001, Fla. Stat. (2007) (the "Bert Harris Act"). The trial court granted DeSoto County's motion to dismiss this count, reasoning that the claim was...

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