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VALENCIA CENTER, INC. v. BYSTROM

Nos. 87-2404, 87-2405, 87-2406 and 87-2407.

526 So.2d 707 (1988)

VALENCIA CENTER, INC., Appellant, v. Franklin B. BYSTROM, Dade County Property Appraiser, Burt Williams, Dade County Tax Collector and P. Randall Miller, Executive Director of the Department of Revenue, Appellees.

District Court of Appeal of Florida, Third District.

May 10, 1988.

Attorney(s) appearing for the Case

John G. Fletcher, South Miami, for appellant.

Robert A. Ginsburg, Co. Atty., and Craig H. Coller and Daniel A. Weiss, Asst. Co. Attys., for appellees Franklin B. Bystrom and Burt Williams, Robert A. Butterworth, Atty. Gen., and Lealand L. McCharen, Asst. Atty. Gen., Tallahassee, for appellee Randall Miller.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

Valencia Center, Inc. appeals an order declaring section 193.023(6), Florida Statutes (1987), unconstitutional and upholding the property appraiser's tax assessment.

In an earlier challenge by Valencia of an assessment by the tax appraiser in 1980, we held that "[w]hat a property is currently used `as' is often not the highest and best use," and that fair market value was a more appropriate basis for ascertaining a just value. Bystrom...

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