The case involves a six-year court struggle leading to a lowercourt's decision ordering a developer to tear down five newbuildings because the Martin County Board of Commissioners approveda site plan that was not consistent with the Martin CountyComprehensive Plan.

Developers fear that if the decision stands, it could be used asa tool by environmental activists and other anti-growth activists,much like the issues of endangered species and wetlands.

"The system is broken," Keith Hetrick, attorney for the FloridaHomebuilders Association, tells GlobeSt.com. "Right now, the trialjudge serves as a zoning body. Someone can continually file andchallenge any development in court. That doesn't work for localgovernments or citizens or developers. It only works for largeenvironmental groups who want to drag it out in court."

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