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DEPT. OF AGRICULTURE AND CONSUMER v. MENDEZ

Nos. 4D11-4644, 4D12-196.

98 So.3d 604 (2012)

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and The Florida Commissioner of Agriculture, Appellants, v. David MENDEZ, Lillian Mendez, Toby Bogorff, Robert Bogorff, Beth Garcia, Ronald Garcia, Robert Pearce, Barbara Pearce, and Timothy Donald Farley, on behalf of themselves and the certified Class of Broward County homeowners, Appellees.

District Court of Appeal of Florida, Fourth District.

July 25, 2012.

Attorney(s) appearing for the Case

Wesley R. Parsons and Karen H. Curtis of Clarke Silverglate, P.A., Miami, for appellants.

Jamie Alan Cole of Weiss Serota Helfman Pastoriza Cole & Boniske, P.A., Fort Lauderdale, and Robert C. Gilbert of Grossman Roth, P.A., Coral Gables, for appellees.

Pamela Jo Bondi , Attorney General, Scott D. Makar , Solicitor General, and Louis F. Hubener , Chief Deputy Solicitor General, Tallahassee, for Amicus Curiae State of Florida.

GROSS, J.

This consolidated case concerns parallel class actions, in the Palm Beach and Broward County circuit courts, over the destruction of citrus trees by the Florida Department of Agriculture and Consumer Services. Two classes, comprising affected landowners in Palm Beach County (the Mendez class) and Broward County (the Bogorff class), filed suit against the Department and its commissioner. The gravamen of the complaints was their inverse condemnation claims...

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