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CITY OF PEMBROKE PINES v. McCONAGHEY

No. 98-0764.

728 So.2d 347 (1999)

CITY OF PEMBROKE PINES, Appellant, v. William Phil McCONAGHEY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 17, 1999.

Attorney(s) appearing for the Case

Robert L. Nabors, Gregory T. Stewart, and Virginia Saunders Delegal of Nabors, Giblin & Nickerson, P.A., Tallahassee, and Samuel S. Goren, Kerry L. Ezrol, and Michael D. Cirullo, Jr. of Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellant.

William Phil McConaghey, Pembroke Pines, pro se.

Harry Morrison, Jr., Tallahassee, for amicus curiae-Florida League of Cities, Inc.

Donald J. Doody, Fort Lauderdale, for amicus curiae-Broward County League of Cities, Inc.

Susan H. Churuti, Clearwater, for amicus curiae-Florida Association of County Attorneys, Inc.

William J. Roberts, Tallahassee, for amicus curiae-Florida Association of Counties.

John J. Copelan, Jr., County Attorney, Anthony C. Musto, Chief Appellate Counsel, and Tamara M. Scrudders, Assistant County Attorney, Fort Lauderdale, for amicus curiae-Broward County.

Stuart H. Sobel and Oscar R. Rivera of Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A., Coral Gables, for amicus curiae-International Council of Shopping Centers.

BROWN, LUCY CHERNOW, Associate Judge.

At issue in this case is whether the City of Pembroke Pines' (City) Consolidated Fire Rescue Special Assessment provided a special benefit to the real property subject to that assessment. The trial court, on stipulated facts, determined as a matter of law that it did not, and entered final judgment in favor of the appellee, declaring the assessment invalid. We disagree because the trial court erroneously interpreted and applied...

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