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CITY, CLEARWATER v. ALLEN'S CREEK PRO.

No. 94-01849.

658 So.2d 539 (1995)

CITY OF CLEARWATER, a municipal corporation in the State of Florida, Appellant, v. ALLEN's CREEK PROPERTIES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Opinion Granting Rehearing and Certifying Question June 30, 1995.

Attorney(s) appearing for the Case

Paul Richard Hull, Asst. City Atty., Clearwater, for appellant.

R. Nathan Hightower of Macfarlane Ausley Ferguson & McMullen, Clearwater, for appellee.

PATTERSON, Judge.

The City of Clearwater (the City) appeals from a final judgment in favor of Allen's Creek Properties, Inc. (Allen's Creek), declaring that the City has an obligation to provide sanitary sewer services to the Allen's Creek property, which is outside its municipal boundaries. We reverse.

Allen's Creek is the owner of a tract of land comprised of approximately sixty acres located between U.S. Highway 19 and Tampa Bay, immediately east of the...

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