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IMHOF v. WALTON COUNTY

Nos. 1D19-0980 1D19-1530.

328 So.3d 32 (2021)

Judah IMHOF, Richard Bullard, Beach to Bay Connection, Inc., and South Walton Community Council, Inc., Appellants, v. WALTON COUNTY, Florida, a political subdivision of the State of Florida, and Ashwood Holdings Florida, LLC, a Florida limited liability company, Appellees.

District Court of Appeal of Florida, First District.

September 15, 2021.

Attorney(s) appearing for the Case

Terrell Arline of Terrell K. Arline Attorney at Law, Tallahassee, for Appellants.

Sidney N. Noyes and Heather R. Christman , Office of the County Attorney, DeFuniak Springs, for Appellee Walton County, Florida; Dana C. Matthews and C. Stephen Tatum of Matthews & Jones, LLP, Destin, for Appellee Ashwood Holdings Florida, LLC.

Robert N. Hartsell , Heidi Mehaffey , and Shai Ozery of Robert N. Hartsell, P.A., Pompano Beach, for Amicus Curiae 1000 Friends of Florida, Inc.; Nancy E. Stroud of Lewis, Stroud & Deutsch, P.L., Boca Raton, for Amici Curiae The American Planning Association, Florida Chapter and The American Planning Association.

The primary question here concerns the scope of a trial court's de novo review in an action, brought pursuant to section 163.3215(3), Florida Statutes (2018), challenging whether a development order is consistent with a local comprehensive plan. As we will explain in detail, we agree with the appellants, based on our reading of the...

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