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VOLUSIA COUNTY v. ABERDEEN AT ORMOND BEACH

No. SC95345.

760 So.2d 126 (2000)

VOLUSIA COUNTY, etc., et al., Appellants, v. ABERDEEN AT ORMOND BEACH, L.P., etc., Appellee.

Supreme Court of Florida.

May 18, 2000.

Attorney(s) appearing for the Case

Daniel D. Eckert, Volusia County Attorney, DeLand, Florida; and Richard S. Graham and Carol L. Allen of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., Daytona Beach, Florida, for Appellants.

Frank D. Upchurch, III of Upchurch, Bailey and Upchurch, P.A., St. Augustine, Florida, for Appellee.

Frank A. Shepherd, Miami, Florida, for Pacific Legal Foundation, Amicus Curiae.

QUINCE, J.

We have for review a judgment certified by the district court to be of great public importance and to require immediate resolution by this Court. We have jurisdiction. See art. V, § 3(b)(5), Fla. Const. For the reasons discussed below, we affirm the trial court's decision finding the impact fee ordinance unconstitutional as applied to Aberdeen at Ormond Beach Manufactured Housing Community.

Aberdeen at Ormond Beach, L.P., owns Aberdeen...

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