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CITY OF VALPARAISO v. NICEVILLE, SEWER BD., INC.

No. BT-92.

529 So.2d 752 (1988)

CITY OF VALPARAISO, A FLORIDA MUNICIPAL CORPORATION, Appellant, v. NICEVILLE, VALPARAISO, OKALOOSA COUNTY REGIONAL SEWER BOARD, INC.; City of Niceville, a Florida Municipal Corporation; Bill W. Peebles, Jr., Michael M. Mitchell, Larry Anchors, Joe Mosier, and Sam Brunson, As the Board of County Commissioners for Okaloosa County, Florida; Victoria J. Tschinkel, As Secretary of the State of Florida, Department of Environmental Regulation; and Polyengineering, Inc., Appellees.

District Court of Appeal of Florida, First District.

July 14, 1988.

Attorney(s) appearing for the Case

W. Douglas Hall and Jacob D. Varn of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tallahassee, for appellant.

John R. Dowd, Shalimar, for appellee/Bd. of County Com'rs for Okaloosa County, Fla.

Gillis E. Powell, Sr. of Powell, Powell & Powell, Niceville, for appellees/Regional Sewer Bd., Inc., and City of Niceville.

SMITH, Chief Judge.

The City of Valparaiso (Valparaiso) appeals an order denying its motion for further relief seeking allocation of one-third of the expanded capacity of the Niceville, Valparaiso, Okaloosa County Sewer System. We affirm.

Niceville, Valparaiso, and Okaloosa County entered into a trilateral agreement to build a sewer system. With the help of considerable funding from the Environmental Protection Agency, the sewer system was constructed. Each...

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