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PALM BEACH COUNTY v. GENE A. BERNARD & ASSOC., INC.

Nos. 88-2706 to 88-2708, 88-2710 to 88-2712, 88-2714 to 88-2717, 88-2719 to 88-2721, 88-2723 to 88-2726, 88-2728 to 88-2733, 89-0232 and 89-0233.

566 So.2d 886 (1990)

PALM BEACH COUNTY, Appellant, v. GENE A. BERNARD & ASSOC., INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 12, 1990.

Attorney(s) appearing for the Case

Robert P. Banks, Asst. County Atty., Richard W. Carlson, Jr., and Thomas Callan, West Palm Beach, for appellant.

Robert C. Eber, Miami, for appellees Marvin L. Clements and Clements and Clements, Inc.

Adam G. Heffner and Steven J. Jacobson of Schneider & Heffner, Boca Raton, for appellee Jeffrey D. Ahl.

Kenneth A. Rubin of Abrams, Anton, Robbins, Resnick & Schneider, P.A., Hollywood, for appellees Lindemar, Inc., Mark Schneider, Independent Const. Co., and Jimmy E. Loyd.

Dale W. Vash of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for appellees Stratton of Florida, Inc. and Victor Lowry.

Timothy P. McCarthy of Merola, McCarthy & Cox, P.A., Palm Beach Gardens, for appellees J.B. Evans, Inc. and Jeffrey S. Schoenfeldt.

Frank D. Newman of Wallace, Engels, Pertnoy, Solowsky, Newman & Allen, P.A., Miami, for appellees Habitation Planning, Inc. and Murray Norkin.

STONE, Judge.

We affirm the dismissal of consolidated cases filed by the county to collect unpaid impact fees. In 1979 a class action, Homebuilders and Contractors Assoc., Inc. et al. v. Board of County Commissioners, was brought seeking the refund of impact fees and to have the county impact fee ordinance declared unconstitutional. A temporary injunction was entered in that case restraining the county from further collection of the fees prior to final judgment...

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