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1000 FRIENDS OF FLORIDA, INC. v. PALM BEACH COUNTY

No. 4D10-60.

1000 FRIENDS OF FLORIDA, INC. and SIERRA CLUB, INC., Appellants, v. PALM BEACH COUNTY and BERGERON SAND & ROCK MINE AGGREGATES, INC., Appellees.

District Court of Appeal of Florida, Fourth District.

August 3, 2011.

Attorney(s) appearing for the Case

Robert N. Hartsell and Richard Grosso of Everglades Law Center, Inc., Fort Lauderdale, for appellants.

Robert P. Banks and Leonard Berger, Senior Assistant County Attorneys, West Palm Beach, for appellee Palm Beach County.

Robert P. Diffenderfer, Andrew J. Baumann and Tara W. Duhy of Lewis, Longman & Walker, P.A., West Palm Beach, for appellee Bergeron Sand, Rock and Aggregate, Inc.

LEVINE, J.

The issue presented for our review is whether the trial court erred in upholding a development order issued by the Palm Beach County Commission permitting mining in the Everglades. The trial court interpreted the relevant land use policy in the comprehensive plan as non-exclusive, thereby permitting mining in an area zoned for agriculture for a purpose that was not enumerated in the land use policy. We find the trial court erred by failing to define "only...

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