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ZIPPERER v. CITY OF FORT MYERS

No. 93-3546.

41 F.3d 619 (1995)

John O. ZIPPERER, Jr., an individual, Plaintiff-Appellant, v. CITY OF FORT MYERS, a chartered municipality and political subdivision of the State of Florida; Fort Myers City Council, as Governing Authority of Improvement District No. 10, Northeast Colonial Sewer and Water Assessment District; Fort Myers City Council, as the Governing Authority of Improvement District No. 15, Omni Interstate Park; Fort Myers City Council, as the Governing Authority of Improvement District No. 17; Improvement District No. 10, Northeast Colonial Sewer and Water Assessment District; Improvement District No. 15, Omni Interstate Park; Improvement District No. 17; Lee County, a political subdivision of the State of Florida; Colonial Road Extension Improvement Special District Board, as the Governing Authority of the Defendant Special District known as Colonial Road Extension Improvement Special District; Colonial Road Extension Improvement Special District, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 3, 1995.

Attorney(s) appearing for the Case

John H. Rains, III, Annis, Mitcheel, Cockey, Edwards & Roehn, Tampa, FL, for appellant.

John S. Turner, Lee County Attorney's Office, Fort Myers, FL, for Lee County.

Jacqueline W. Hubbard, City of Fort Myers, City Attorney's Office, Theodore L. Tripp, Jr., Garvin & Tripp, P.A., Fort Myers, FL, for City of Fort Myers.

Kathleen E. Moore, Office of the Atty. Gen., Tallahassee, FL, amicus, State of Fla.

Before HATCHETT and BLACK, Circuit Judges, and YOUNG, Senior District Judge.

BLACK, Circuit Judge:

John Zipperer, the mortgagee of property located in Fort Myers, Florida, (the mortgaged land) brought this action against the City of Fort Myers (the City), Lee County (the County), and the districts contained therein (the Districts), (collectively, the Appellees) to challenge the lien priority of special assessments imposed on the mortgaged land. Zipperer claims that the prioritization of the special assessment liens over his mortgage violated...

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