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CITY OF ORMOND BEACH v. COUNTY OF VOLUSIA

No. 87-2144.

535 So.2d 302 (1988)

CITY OF ORMOND BEACH, City of Holly Hill, City of Orange City, and City of Edgewater, All Florida Municipal Corporations, Appellants, v. COUNTY OF VOLUSIA, a Political Sub-Division of the State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 6, 1989.

Attorney(s) appearing for the Case

Fred S. Disselkoen, Jr., Ormond Beach, for appellant City of Ormond Beach.

Edward F. Simpson, Jr., Ormond Beach, for appellant City of Holly Hill.

William F. Duane and Richard E. Davis, of Holland and Knight, Orlando, and Jose B. Alvarez, DeLand, for appellants City of Orange City and City of Edgewater.

C. Allen Watts, Cobb and Cole, Daytona Beach, and Daniel D. Eckert, Co. Atty., DeLand, for appellee County of Volusia.

Robert L. Nabors and Arthur R. Wiedinger, Jr., of Nabors, Giblin, Steffens and Nickerson, P.A., Tallahassee, for Amicus Curiae Florida Ass'n of Counties, Inc.

SHARP, Chief Judge.

The cities of Ormond Beach, Holly Hill, Orange City and Edgewater (some of the incorporated municipalities located in Volusia County, Florida) appeal a final summary judgment in a suit for declaratory relief brought against them by Volusia County. The county sought to have the cities' respective ordinances "opting out" of the county's impact fee to pay for county roads declared invalid. The trial judge held that the cities' ordinances were null...

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