CITY OF TAMPA v. THATCHER GLASS CORP.

No. 64415.

445 So.2d 578 (1984)

CITY OF TAMPA, Appellant, v. THATCHER GLASS CORPORATION, Appellee.

Supreme Court of Florida.

February 9, 1984.


Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., City Atty., and Salvatore Territo, Asst. City Atty., Tampa, for appellant.

John W. McWhirter, Jr., of Lawson, McWhirter, Grandoff & Reeves, Tampa, for appellee.

Hugh C. Macfarlane and Ansley Watson, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for Peoples Gas System, Inc., amicus curiae.

Stanford R. Solomon of Rudnick & Wolfe, Tampa, for Dart Industries, Inc., amicus curiae.

Thomas J. Tighe of Lunny, Tucker & Karns, Fort Lauderdale, for the City of Plantation, amicus curiae.

Paul A. Saad and John J. Cunningham, Jr., of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for Anheuser-Busch Incorporated, amicus curiae.

William S. Bilenky, General Counsel, Tallahassee, for the Florida Public Service Commission, amicus curiae.


EHRLICH, Justice.

This is an appeal from a circuit court order, certified to this court by the district court as being a question of great public importance pursuant to article V, section 3(b)(5) of the Florida Constitution.

Section 166.231 of Florida Statutes (1981) allows municipalities to levy a tax, up to ten percent, on the purchase of utility services within the municipality. The 1974 legislature added subsection...

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