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<Q <br />Statute 380.06 and Chapter 22F of the Florida Administrative <br />Code (effective July 1, 1973); that to plaintiffs' knowledge and - <br />belief, said applicant has not filed an application for develop- <br />ment approval pursuant to Florida Statute 380.06(6), nor have <br />public hearings pursuant to said Chapter been scheduled or held. <br />(4) That the rezoning applications referred to above have <br />been scheduled for a public hearing before the Indian River County <br />zoning Commission on September 6, 1973, for the purpose of reco- <br />mmending approval or disapproval to the Board of County Commissioners; <br />that defendant, by and through its Zoning Commission and County•Com- <br />missioners, has failed or threatens to fail to require the applicants <br />to.comply with Florida Statute Section 380.06 as a condition to ap- <br />proving the requested zoning changes. <br />(5) That Florida Statute Chapter 380 requires compliance <br />with its provisions prior to a developer undertaking a Development of <br />Regional Impact; that an approval of the zoning changes requested <br />would constitute developing as described by Florida Statute Section <br />380.04(1) in that a change in the use of . land . . <br />would result. <br />(6) Plaintiffs have previously urged the defendant, by and <br />through its Zoning and County Commissioners, to deny rezoning appli- <br />cations submitted, development plans of which would constitute Devel- <br />opments of Regional Impact, until the requirements of Florida Statute <br />380 are complied with, but defendant has refused to consider said <br />request and has continued to process rezoning applications that may <br />be inconsistent with the master plan ultimately adopted and approved; <br />that to plaintiffs' knowledge and belief, to exhaust their admini- <br />strative remedies by again urging the adoption of the procedure referred <br />to above would be a vain act. <br />(7) Because of defendant's actions, plaintiffs will sustain <br />irreparable injury in that: <br />} (a) Should the Developments of Regional Impact be disapproved <br />I <br />Page Seven. <br />-29- <br />_4 I <br />f,. tlOK 17 PAGE3 76 <br />AUG 2 2197 <br />