SANTA ROSA COUNTY v. GULF POWER CO.

Nos. 92-3658, 92-3803.

635 So.2d 96 (1994)

SANTA ROSA COUNTY, Appellant/Cross Appellee, v. GULF POWER COMPANY, Bellsouth Telecommunications, Inc., d/b/a Southern Bell Telephone and Telegraph Company, and Escambia River Electric Cooperative, Inc., Appellees/Cross Appellants, and ESCAMBIA COUNTY, Appellant/Cross Appellee, v. GULF POWER COMPANY, Escambia River Electric Cooperative, Inc., Southern Bell Telephone and Telegraph Company, and Southland Telephone Company, Appellees/Cross Appellants.

District Court of Appeal of Florida, First District.

Rehearings Denied May 24, 1994.


Attorney(s) appearing for the Case

Thomas V. Dannheisser, County Atty., Milton, for appellant/cross appellee Santa Rosa County.

Robert L. Nabors, Gregory T. Steward, and Thomas H. Duffy of Nabors, Giblin & Nickerson, P.A., Tallahassee for appellant/cross appellee Escambia County.

G. Edison Holland, Jr., and Teresa E. Liles of Beggs & Lane, Pensacola, for appellee/cross appellant Gulf Power Co.

J. Nixon Daniel, III of Beggs & Lane, Pensacola, for appellee/cross appellant BellSouth.

Thomas E. Wheeler, Jr. of Bell, Schuster & Wheeler, Pensacola, for appellee/cross appellant Escambia River Electric Co-op, Inc.


ERVIN, Judge.

In these consolidated appeals, Santa Rosa County and Escambia County appeal certain portions of a final declaratory judgment, the net effect of which precluded the counties from imposing franchise fees on two telephone utilities and two electric utilities, operating within the respective counties, for using the counties' rights-of-way to construct or maintain the utilities' poles and lines. Certain of the utility...

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