PUNTA GORDA v. BURNT STORE HOTEL

No. 93-03575.

639 So.2d 679 (1994)

CITY OF PUNTA GORDA, Appellant, v. BURNT STORE HOTEL, INC., Appellee.

District Court of Appeal of Florida, Second District.

July 6, 1994.


Attorney(s) appearing for the Case

J. Michael Rooney of Safron, Rooney & Dzurak, Punta Gorda, for appellant.

Jack O. Hackett, II, of Farr, Farr, Emerich, Sifrit, Hackett & Carr, P.A., Punta Gorda, for appellee.


BLUE, Judge.

The City of Punta Gorda appeals an order that determined a capacity increase fee was actually an illegal tax. We agree with the trial court and affirm.

This action arises from a utility contract between the City of Punta Gorda and Burnt Store Hotel, Inc. Burnt Store purchased an existing hotel connected to the City's water and sewer system. As a new utility customer, Burnt Store was required to sign an agreement requiring it to pay a fee for increases...

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