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CITY OF TITUSVILLE v. BOARD OF PUBLIC INSTRUCTION

No. 69-363.

258 So.2d 836 (1970)

CITY OF TITUSVILLE, a Municipal Corporation, Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF BREVARD COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 1970.

Attorney(s) appearing for the Case

Franklin D. Kelley and Charles M. Harris, of Crofton, Holland & Starling, Titusville, for appellant.

William C. Walker, Jr., of Gleason, Walker, Pearson & Ferrell, Titusville, for appellee.

OWEN, Judge.

Appellant, City of Titusville, constructed a sanitary sewerage facility, assessing a part of the cost thereof against the abutting property owners one of whom was the Board of Public Instruction of Brevard County (herein referred to as School Board). When the School Board, which had not given its prior consent and approval to the construction of the improvement or to the special assessment against its property, refused to pay such assessment the city...

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