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COLLIER COUNTY v. FRENI

No. 93-00639.

635 So.2d 145 (1994)

COLLIER COUNTY, Florida, Guy L. Carlton, as Tax Collector of Collier County, Richard S. Shanahan, Michael J. Volpe, Patricia Anne Goodnight, Burt L. Saunders and Max A. Hasse, as Commissioners of Collier County and Mary Morgan, as Supervisor of Elections of Collier County, Appellants, v. Joseph FRENI, Jr., the Ritz-Carlton Hotel, the Naples Golf and Beach Club, Inc., Van-Dev, Inc., d/b/a Vanderbilt Inn On The Gulf, Marriott's Marco Island Resort, Inc., La Playa Associates, Inc., Marco Bay Resort, Inc., DT Hotel Development Corporation, d/b/a Edgewater Beach Hotel, Olde Naples Land Partners, ltd., d/b/a Howard Johnson's Lodge and Bomark, Inc., d/b/a Trails End Motel, and Richard D. Griffith, Individually and as class representative of all others similarly situated, Hobart C. Bishop, Nancy Contardi, Martin L. Kelley, J.E. Lalman, Thomas Lovinggood, Terry Morris, Diane Morris, Richard Murphy, Horace Renshaw, Wendell Smith and Albert M. Tiache, Individually, and on behalf of all other persons similarly situated, Appellees.

District Court of Appeal of Florida, Second District.

April 15, 1994.

Attorney(s) appearing for the Case

Kenneth B. Cuyler, County Atty., Naples and Gary L. Sasso and Sylvia H. Walbolt, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, for appellants.

Michael R.N. McDonnell, McDonnell Law Offices, Naples, for appellee Richard D. Griffith.

Timothy R. Parry, Harter, Secrest & Emery, Naples, for appellees Hobart C. Bishop, Nancy Contardi, Martin L. Kelley, J.E. Lalman, Thomas Lovinggood, Terry Morris, Diane Morris, Richard Murphy, Horace Renshaw, Wendell Smith and Albert M. Tiache.

RYDER, Judge.

Appellants challenge the final summary judgment awarding taxpayers refunds of local taxes levied under an invalidated ordinance. We reverse.

This is the third time this court has reviewed the proceedings in the circuit court regarding Collier County's ordinance no. 90-43. See Freni v. Collier County, 573 So.2d 1054 (Fla. 2d DCA 1991) (Freni I); Freni v. Collier County,

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