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LEE COUNTY v. ZEMEL

No. 88-01797.

545 So.2d 344 (1989)

LEE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Sylvan ZEMEL, Shirley Kaufman and Nathan Zemel, Trustees, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 29, 1989.

Attorney(s) appearing for the Case

James G. Yaeger, County Atty., and Bruce R. Conroy, Asst. Co. Atty., Fort Myers, for appellant.

Terrence F. Lenick of Allen, Knudsen, DeBoest, Edwards & Roberts, P.A., Fort Myers, for appellees.

CAMPBELL, Chief Judge.

Appellant, defendant below, Lee County, appeals the final judgment declaring a special tax assessment of appellees' real property invalid. Appellant also appeals the subsequent award of attorney's fees to appellees.

We affirm the final judgment declaring invalid the special assessment of appellees' real property. We reverse the award of attorney's fees made to appellees.

Appellant, through various ordinances and resolutions adopted...

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