BLUBAUGH v. BREVARD COUNTY

No. 96-2663.

691 So.2d 559 (1997)

John BLUBAUGH, Appellant, v. BREVARD COUNTY, Florida, et al, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 1997.


Attorney(s) appearing for the Case

Bradley Roger Bettin, Sr., of Amari, Theriac & Eisenmenger, P.A., Cocoa, for Appellant, John Blubaugh.

Scott L. Knox and Shannon L. Wilson, of Office of the County Attorney, Viera, for Appellee, Brevard County.


HARRIS, Judge.

In 1994, the legislature enacted Chapter 94-442, Special Laws of Florida, which exempted Brevard County from the general law expressed in section 180.191, Florida Statutes, and imposed the specific regulations and limitations of a "Distribution Differential Surcharge" in relation to Brevard County water utilities. The City of Cocoa and one of its citizen taxpayers challenged the constitutionality of the special act on various grounds.

The City...

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