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HOME BLDRS. AND CONTRACTORS ASS'N v. BD. OF PALM BEACH CTY. COMM'RS

No. 82-659.

446 So.2d 140 (1983)

HOME BUILDERS AND CONTRACTORS ASSOCIATION OF PALM BEACH COUNTY, INC., a Florida Corporation, Individually and On Behalf of All Others Similarly Situated, and Ted Satter Enterprises, Inc., a Florida Corporation, Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, Bill Bailey, As Chairman of Said Board of County Commissioners, Dennis P. Koehler, Peggy B. Evatt, Frank Foster, and Norman Gregory, As Members of Said Board of County Commissioners and George R. Brockway, Building Official of Palm Beach County, Edgar Howell, Building Official of City of Boynton Beach, Roy Reid, Building Official of City of Delray Beach, and Alvin Butterfield, Building Official of Village of Tequesta, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 1, 1984.

Attorney(s) appearing for the Case

Grover C. Herring and James L. Watt of Arnstein, Gluck & Lehr, and Larry Klein, West Palm Beach, for appellants.

Charles F. Schoech, County Atty., West Palm Beach, and Fred P. Bosselman and Edward F. Ryan, Chicago, Ill., Nancy E. Stroud, of Burke, Bosselman, Freivogel, Weaver, Glaves & Ryan, Boca Raton, for appellees.

Stephen W. Metz, Tallahassee, amicus curiae for Florida Home Builders Ass'n.

DOWNEY, Judge.

This case involves the validity of a Palm Beach County ordinance imposing an impact fee on new development for the purpose of constructing roads made necessary by the increased traffic generated by such new development.

Appellants, Home Builders and Contractors Association of Palm Beach County, Inc. (hereafter Home Builders), and Ted Satter Enterprises, Inc., filed suit against the Board of County Commissioners of Palm Beach County for declaratory...

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