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CITY OF COCOA v. SCHOOL BD. OF BREVARD COUNTY

No. 97-2622.

711 So.2d 1322 (1998)

CITY OF COCOA, Florida, Appellant, v. SCHOOL BOARD OF BREVARD COUNTY, Florida, et al. Appellees.

District Court of Appeal of Florida, Fifth District.

June 5, 1998.

Attorney(s) appearing for the Case

Bradly Roger Bettin, Sr., of Amari, Theriac & Eisenmenger, P.A., Cocoa, for Appellant.

Frank J. Griffith, Jr. and Harold T. Bistline, of Stromire, Bistline, Miniclier, & Griffith, Cocoa, for Appellee School Board of Brevard County.

Joe D. Matheny, Titusville, for Appellee The Board of Trustees of Brevard Community College.

GRIFFIN, Chief Judge.

The City of Cocoa ["Cocoa"] appeals an order dismissing its complaint against the School Board of Brevard County ["Brevard"] and the Board of Trustees of Brevard Community College ["BCC"] seeking to recover unpaid stormwater utility fees. The complaint, which was styled as an action on an open account, alleged that the fees had been imposed pursuant to Ordinance 2-92, which established Cocoa's stormwater utility system. According to Cocoa's complaint...

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