HANNA v. CITY OF PALM BAY

No. 90-1293.

579 So.2d 320 (1991)

James HANNA, Etc., et al., Appellants, v. The CITY OF PALM BAY, Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

May 9, 1991.


Attorney(s) appearing for the Case

Vincent G. Torpy, Jr., of Frese, Fallace, Nash & Torpy, P.A., Melbourne, for appellants.

Nicholas F. Tsamoutales of Nicholas F. Tsamoutales, P.A., Palm Bay, for appellees.


COBB, Judge.

The issue on this appeal concerns the validity of a special assessment and whether it can be utilized for the purpose of street resurfacing in selected areas of the City of Palm Bay, Florida.

The City of Palm Bay implemented a program to rehabilitate all of its paved streets over a fifteen-year period. It was believed this would minimize the maintenance and recurring upkeep which had previously come from the general fund of the City on an as-needed...

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