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FLA. KEYS v. PIER HOUSE JT. VENTURE

No. 91-2183.

601 So.2d 1270 (1992)

FLORIDA KEYS AQUEDUCT AUTHORITY, an agency of the State of Florida, Appellant, v. PIER HOUSE JOINT VENTURE, Appellee.

District Court of Appeal of Florida, Third District.

June 30, 1992.

Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel and Alan T. Dimond and Steven M. Goldsmith, Miami, for appellant.

Morgan & Hendrick and James T. Hendrick, Key West, for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

This is an appeal by the defendant Florida Keys Aqueduct Authority [FKAA] from a final judgment entered after a nonjury trial in an action brought by the plaintiff Pier House Joint Venture for a refund of a system development fee, which the latter had previously paid FKAA under protest, and for other legal and equitable relief. We affirm in part and reverse in part.

It appears that the defendant FKAA imposed a charge of $48,000 (less a $5,000 credit...

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