FLAGLER COUNTY v. PALM COAST COMMUNITY SERVICE CORP.

No. 97-1659.

712 So.2d 1131 (1998)

FLAGLER COUNTY, Appellant, v. PALM COAST COMMUNITY SERVICE CORP., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 9, 1998.


Attorney(s) appearing for the Case

C. Allen Watts of Cobb, Cole & Bell, Daytona Beach, Special Counsel for Appellant, Flagler County, and Albert J. Hadeed, Bunnell, Flagler County Attorney.

David A. Monaco and Michael S. Orfinger of Monaco, Smith, Hood, Perkins, Loucks & Stout, Daytona Beach, for Appellee.


HARRIS, Judge.

Although we understand the County's concern about the possibility of having presented to it in the future a poorly-maintained and under-funded drainage system, we nevertheless agree with the trial judge that there is nothing in the record which supports the county's position. We find nothing in the various development plans and contracts, or in the law, which prohibits the owner of a development that has completed a drainage system and has operated...

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