DAYTONA BEACH, Fla. -- A couple is pursing a lawsuit against Orange County and local officials after they allege their bird farming business was a considered a zoning violation in the county code, following a complaint from a neighbor.
"The plaintiffs are farmers, but instead of operating out of a property located in an 'agricultural' zone, they operate a farm from their home, which is presumably located within a 'residential' zone," Peter Vujin, a Miami-based attorney told Florida Record, explaining why this issue was categorized as a zoning violation. "The plaintiffs sued the county zoning board and the commission because the latter, technically, took the personal property of the plaintiffs', that is, the right to farm toucans."
The lawsuit originally was inappropriately dismissed by the Fifth District Court of Appeal because of a statute of limitations. However, the case then went to the 11th U.S. Circuit Court of Appeals where it was dismissed. The plaintiffs were quick to act, however, filing a lawsuit in state court within 30 days of having their federal case dismissed.
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"If a lawsuit is not filed during this period in federal or state court, it is ordinarily dismissed," Vujun said. " But once a plaintiff files in federal court, the Fifth District of Florida Appellate Court, which has a very judicious reputation, just ruled that any state court proceeding is tolled pending the resolution of the federal case,"
Judge Richard Orfinger and Judge Vincent G. Torpy wrote a nine-page majority opinion, ruling that the action of the plaintiffs within 30 days of the dismissal contradicts any claims that statute of limitations had passed, as in Florida where the statute of limitations is four years.
"In most cases, the time limit to bring a lawsuit for damages to personal property, such as a toucan farm, must be brought within four years," Vujin said.
Therefore, the state appeals court has allowed the couple to pursue the lawsuit against Orange County.