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CITY OF KEY WEST v. R.L.J.S. CORP.

No. 87-2810.

537 So.2d 641 (1989)

The CITY OF KEY WEST, Appellant, v. R.L.J.S. CORPORATION, Acme Advisors Corporation, Neufeld Corporation, 1800 Atlantic Developers, Inc., a Florida Joint Venture Known As 1800 Atlantic Developers, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 15, 1989.

Attorney(s) appearing for the Case

Burke, Bosselman & Weaver and Fred P. Bosselman and William J. Turbeville, II, Boca Raton, Steve Stitt, City Atty., Key West, for appellant.

Steel, Hector & Davis and Elizabeth J. Du Fresne and Mark R. Cheskin, Morgan & Hendrick and James T. Hendrick, Key West, for appellees.

Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

We address a question of first impression in this state, namely, does a municipality's assessment of developmental impact fees upon the developer of a condominium apartment building violate any constitutionally protected right of the developers where such fees are assessed after a building permit has been issued and the developers have sold a substantial number of the building units? We conclude that no constitutional right of the...

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