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MADISON COUNTY v. FOXX

No. 91-4119.

636 So.2d 39 (1994)

MADISON COUNTY, Florida, political subdivision of the state of Florida, and Wes Kelly, tax collector Madison County, Florida, Appellants, v. Wiley D. FOXX and Quinton Dryden, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 2, 1994.

Attorney(s) appearing for the Case

Edwin B. Browning, Jr. of Davis, Browning & Schnitker, P.A., Madison; Ken Van Assenderp, Tallahassee, for appellants Madison County, FL and Wes Kelly, Tax Collector, Madison County, FL.

Robert I. Nabors, Sarah M. Bleakley and Thomas H. Duffy of Nabors, Giblin & Nickerson, P.A., Tallahassee, for appellees amici curiae Florida Ass'n of Counties, Inc. and Florida Ass'n of County Attys., Inc.

Robert H. Graddy and Toby Buel of Three Rivers Legal Services, Inc., Lake City, for appellee Wiley D. Foxx.

Larry E. Levy, Tallahassee, for appellee Quinton Dryden, et al.

Kathy N. Grunewald and Alice M. Vickers, Florida Legal Services, Inc., Tallahassee, for appellee amicus curiae Florida Legal Services, Inc.

SMITH, Judge.

Madison County appeals a final summary judgment invalidating its 1989 and 1990 ordinances levying special assessments for various services provided by the County, and ordering the County to refund monies paid by county residents. Wiley D. Foxx cross-appeals the trial court's dismissal with prejudice of count III of his amended complaint which sought recovery under 42 U.S.C. section 1983. We affirm in part, reverse in part, and remand for further proceedings...

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