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FLORIDA E. COAST RY. CO. v. DEPT. OF REV.

No. 91-3921.

620 So.2d 1051 (1993)

FLORIDA EAST COAST RAILWAY COMPANY, a Florida corporation, Appellant, v. DEPARTMENT OF REVENUE, State of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 27, 1993.

Attorney(s) appearing for the Case

Fred H. Kent, Jr. of Kent, Hayden, Facciolo & McMorrow, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee; C.A. Daw, Sp. Asst. Atty. Gen., of Chandler, Dillion & Allyn, Chartered, Boise, ID, Lee R. Rohe, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Florida East Coast Railway Company (FEC) appeals a final judgment upholding valuation of its railroad property by the Department of Revenue (DOR) for ad valorem tax purposes for the years 1987 and 1988. The primary issues for our consideration focus upon FEC's contentions: (1) that DOR's unit rule method of railroad assessment results in a "going concern" tax on the railroad which is unauthorized by law; (2) that the trial court imposed an improper burden...

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