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CITY OF RIVIERA BEACH v. MARTINIQUE 2 OWNERS ASS'N, INC.

No. 90-3325.

596 So.2d 1164 (1992)

CITY OF RIVIERA BEACH, a municipality and political subdivision of the State of Florida organized under the Laws of the State of Florida, Appellant, v. MARTINIQUE 2 OWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 27, 1992.

Attorney(s) appearing for the Case

John N. Buso and Arne C. Vanstrum of John N. Buso, P.A., West Palm Beach, and Andrew DeGraffenreidt, III, City Atty., Riviera Beach, for appellant.

Phillip C. Gildan of Nason, Gildan, Yeager, Gerson & White, P.A., West Palm Beach, for appellee.

FARMER, Judge.

The City of Riviera Beach provides solid waste removal services for its residents. Its rate structure includes both a container rate and one based upon each "residential unit". For multiple residence buildings, such as condominiums, it charges the greater of the container rate or the charge for each residential unit. After a certificate of occupancy is issued, it charges for this service regardless of whether there is any waste to be removed or whether...

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