Warren v. Board of County Commissioners

District Court of Appeal of Florida

Warren v. Board of County Commissioners

432 So. 2d 725, 1983 Fla. App. LEXIS 20523

CourtDistrict Court of Appeal of Florida

DecidedJune 7, 1983

DocketNo. 82-2261

StatusPublished

This text of 432 So. 2d 725 (Warren v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warren v. Board of County Commissioners, 432 So. 2d 725, 1983 Fla. App. LEXIS 20523 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The summary final judgment declaring valid Section 24-42, Code of Metropolitan Dade County, is reversed. Although Section 24 — 42 properly restricts the use of fees collected thereunder to certain enumerated environmental services, Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314, 321 (Fla.1976), cert. denied, 444 U.S. 867, 100 S.Ct. 140, 62 L.Ed.2d 91 (1979), there remains a disputed issue of fact as to whether the amount of the fees collected bears a legitimate relationship to the costs incurred in providing the services. Contractors and Builders Association, supra, at 318; Broward County v. Janis Development Corp., 311 So.2d 371 (Fla. 4th DCA 1975).

Reversed and remanded.

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PER CURIAM.

The summary final judgment declaring valid Section 24-42, Code of Metropolitan Dade County, is reversed. Although Section 24 — 42 properly restricts the use of fees collected thereunder to certain enumerated environmental services, Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314, 321 (Fla.1976), cert. denied, 444 U.S. 867, 100 S.Ct. 140, 62 L.Ed.2d 91 (1979), there remains a disputed issue of fact as to whether the amount of the fees collected bears a legitimate relationship to the costs incurred in providing the services. Contractors and Builders Association, supra, at 318; Broward County v. Janis Development Corp., 311 So.2d 371 (Fla. 4th DCA 1975).

Reversed and remanded.

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432 So. 2d 725, 1983 Fla. App. LEXIS 20523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-board-of-county-commissioners-fladistctapp-1983.

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