The case involves a six-year court struggle leading to a lower court's decision ordering a developer to tear down five new buildings because the Martin County Board of Commissioners approved a site plan that was not consistent with the Martin County Comprehensive Plan.

Developers fear that if the decision stands, it could be used as a 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 Florida Homebuilders Association, tells GlobeSt.com. "Right now, the trial judge serves as a zoning body. Someone can continually file and challenge any development in court. That doesn't work for local governments or citizens or developers. It only works for large environmental groups who want to drag it out in court."