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WESTWOOD LAKE, INC. v. DADE COUNTY

No. 70-571.

246 So.2d 156 (1971)

WESTWOOD LAKE, INC., a Florida Corporation, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 21, 1971.

Attorney(s) appearing for the Case

Patton, Kanner, Tietig & Segal, Herbert L. Nadeau and Donald W. Stobs, Jr., Miami, for appellant.

Thomas C. Britton, County Atty., and John G. Fletcher, Asst. County Atty., Nicholson, Howard, Brawner & Lovett, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

HENDRY, Judge.

The most salient question presented here is whether the "investment" method or theory used in ascertaining utility rates followed by the Metropolitan Dade County Water and Sewer Board and embodied in Ch. 32, Code of Metropolitan Dade County, violates due process and equal protection under the Fourteenth Amendment and the Declaration of Rights of the 1885 Florida Constitution. We reject this broad constitutional challenge and hold that the investment...

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