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SARASOTA COUNTY v. TAMARON UTILITIES, INC.

Nos. 82-1594, 82-1744.

429 So.2d 322 (1983)

SARASOTA COUNTY, a Political Subdivision of the State of Florida, Tamaron Homeowners Association, Inc., Jacob and Gladys G. Gwynne, and Theodore and Lula I. Wildman, Appellants, v. TAMARON UTILITIES, INC., Appellee.

District Court of Appeal of Florida, Second District.

As Clarified on Denial of Rehearings April 6, 1983.

Attorney(s) appearing for the Case

Richard E. Nelson of Nelson, Hesse, Cyril, Smith, Widman & Herb, Sarasota, for appellant, Sarasota County.

Daniel Joy, Sarasota, for appellants, Tamaron Homeowners Association, the Gwynnes and the Wildmans.

M. Joseph Lieb, Jr. of Syprett, Meshad, Resnick & Lieb, P.A., Sarasota, for appellee.

CAMPBELL, Judge.

In this petition for common law certiorari, we consider the question of whether a county ordinance which prohibits treatment of depreciation on property contributed to a utility as an operating expense deprives a utility of its property without due process in violation of article I, section 9, Florida Constitution (1980), and the fourteenth amendment to the United States Constitution.

Tamaron Utilities is a franchised public utility operating...

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