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REALTY ASSOCS. FUND IX v. TOWN OF CUTLER

No. 3D15-2407.

208 So.3d 735 (2016)

The REALTY ASSOCIATES FUND IX, L.P., etc., Appellant, v. TOWN OF CUTLER BAY, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

September 21, 2016.

Attorney(s) appearing for the Case

Shubin & Bass, P.A., and John K. Shubin , Salvatore H. Fasulo , and Deana D. Falce , for appellant.

GrayRobinson, P.A., and Mark N. Miller , Lakeland, Kristie Hatcher-Bolin , Lakeland, and J. Michael Marshall , Boca Raton, for appellees Publix Super Markets, Inc., and GCF Investments, Inc.

Weiss Serota Helfman Cole & Bierman, P.L., and Laura K. Wendell and John J. Quick , for appellee Town of Cutler Bay.

Before ROTHENBERG, LAGOA, and LOGUE, JJ.

The Realty Associates Fund IX, L.P. ("RAF") appeals the trial court's final order dismissing RAF's complaint, which included a consistency challenge pursuant to section 163.3215(3) of the Florida Statutes. RAF alleged that Resolution 13-44 ("the development order"), which was issued by the Town of Cutler Bay ("the Town"), was inconsistent...

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