McCarthy v. Hillsborough County

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN P. McCARTHY, KATHERINE A. ) McCARTHY, RODNEY C. WADE, ) SALLY M. WADE, JAMES SWETLAND, ) ELIZABETH SWETLAND, and BRUCE ) WILKINSON, ) ) Petitioners, ) ) v. ) ) HILLSBOROUGH COUNTY, a political ) subdivision of the State of Florida, by ) and through its BOARD OF COUNTY ) COMMISSIONERS, and HIGHLANDER ) DEVELOPMENT, INC., ) ) Respondents. ) ) ________________________________ ) Opinion filed September 29, 2006. Petition for Writ of Certiorari to the Circuit Court for the Thirteenth Judicial Circuit for Hillsborough County; sitting in its appellate capacity. Ralf G. Brookes, Cape Coral, for Petitioners. Deborah C. Blews, Assistant County Attorney, for Respondent Hillsborough County. Case No. 2D06-724 Scott I Steady and R. Marshall Rainey of Williams Schifino Mangione & Steady, P.A., Tampa, for Respondent Highlander Development, Inc. PER CURIAM. We deny the petition for writ of certiorari without prejudice to the petitioners seeking declaratory relief in the circuit court. ALTENBERND, SALCINES, and KELLY, JJ., Concur. -2-

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