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CITY OF NEW SMYRNA BEACH v. BD. OF TRUSTEES, INTERNAL IMP. TR. F.

No. 88-604.

543 So.2d 824 (1989)

CITY OF NEW SMYRNA BEACH, Appellant/Cross-Appellee, v. BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND, State of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 11, 1989.

Attorney(s) appearing for the Case

S. LaRue Williams of Kinsey Vincent Pyle, P.A., Daytona Beach, for appellant/cross-appellee.

Lee R. Rohe, Asst. Atty. Gen., and Margaret S. Karniewicz, Asst. Gen. Counsel, Tallahassee, for appellee/cross-appellant.

DANIEL, Judge.

This is an appeal by the City of New Smyrna Beach (City) and a cross appeal by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (State) from a final judgment ruling on the validity and use of a beach toll imposed by the City. We affirm in part, reverse in part and remand for further proceedings.

In March 1985, the State filed suit against the City for declaratory judgment and injunctive relief. The State alleged...

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