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S.E. DEVELOPMENT & UTILITY v. BD. OF CTY COM'RS

No. 80-957.

398 So.2d 882 (1981)

SOUTHEASTERN DEVELOPMENT AND UTILITY COMPANY, INC., Petitioner, v. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, Florida, and Hawkshead Homeowners Association, Inc., Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 1, 1981.

Attorney(s) appearing for the Case

M. Joseph Lieb, Jr., Syprett, Meshad, Resnick & Lieb, Sarasota, for petitioner.

Daniel Joy of Johnson & Joy, Sarasota, for respondent Hawkshead Homeowners Ass'n, Inc.

SCHEB, Chief Judge.

Southeastern Development and Utility Company, Inc., challenges the trial court's order setting aside a rate increase which the Board of County Commissioners of Sarasota County had granted it.

Southeastern is a privately owned water and sewer company in Sarasota County holding a franchise which was granted by the Board and which is subject to county ordinances. Section 6(g) of ordinance 72-64 provides:

The board shall fix and determine...

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