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FISH v. CITY OF NEW SMYRNA BEACH

No. II-200.

382 So.2d 307 (1979)

William J. FISH, Individually, and As a Representative of a Class Consisting of Condominium Unit Owners within the City of New Smyrna Beach, Florida, Appellant, v. CITY OF NEW SMYRNA BEACH, a Municipal Corporation, and Stephen L. Boyles, State Attorney, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 31, 1979.

Attorney(s) appearing for the Case

John F. Bolt, New Smyrna Beach, for appellant.

Charles A. Hall, New Smyrna Beach, for appellees.

Sidney Nerzig, Fort Lauderdale, for amicus curiae.

SMITH, Acting Chief Judge:

Appellant Fish, representing a class of condominium unit owners and residents of the City of New Smyrna Beach, appeals from a circuit court judgment sustaining the City's ordinances fixing garbage and trash collection rates for residential and business users. The issue is whether the City's classifications and charges discriminate unconstitutionally against condominium residents and in favor of business users and residents of single family...

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