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COUNTY OF LEE v. LEHIGH UTILITIES, INC.

No. 73-575.

307 So.2d 496 (1975)

COUNTY OF LEE, a Political Subdivision of the State of Florida, Appellant, v. LEHIGH UTILITIES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

February 7, 1975.

Attorney(s) appearing for the Case

Frank A. Pavese, Pavese, Shields, Garner, Haverfield & Kluttz, Fort Myers, for appellant.

Thomas R. Spencer, Jr., Myers, Kaplan, Porter, Levinson & Kenin, Miami, for appellee.

McNULTY, Chief Judge.

In this declaratory decree action defendant/appellant County of Lee appeals an adverse summary judgment. We reverse.

The factual predicate for this action are these. In 1958 the appellant County granted the appellee utility's predecessor a twenty-year exclusive franchise to provide water and sewage disposal service within a designated area of the County. The County also granted it an exclusive...

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