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WARREN v. BD. OF CTY. COMM'RS OF DADE CTY.

No. 82-2261.

432 So.2d 725 (1983)

James WARREN: Department of Water and Sewers of the City of Hialeah, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida: Dade County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

June 7, 1983.

Attorney(s) appearing for the Case

John S. Post, Hialeah, and Paul J. Kneski, Hialeah, for appellants.

Robert A. Ginsburg, Dade County Atty., and Peter S. Tell, Asst. County Atty., for appellees.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.

PER CURIAM.

The summary final judgment declaring valid Section 24-42, Code of Metropolitan Dade County, is reversed. Although Section 24-42 properly restricts the use of fees collected thereunder to certain enumerated environmental services, Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314, 321 (Fla. 1976), cert. denied, 444 U.S. 867, 100 S.Ct. 140, 62 L.Ed.2d 91 (1979), there...

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