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LAKE UTIL. SERVICES v. CITY OF CLERMONT

No. 98-185.

727 So.2d 984 (1999)

LAKE UTILITY SERVICES, INC., Appellant, v. CITY OF CLERMONT, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 1, 1999.

Attorney(s) appearing for the Case

Martin S. Friedman of Rose, Sundstrom & Bentley, LLP, Tallahassee, for Appellant.

Jacob Varn of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tallahassee, and Hala Sandridge of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for Appellee.

Robert Vandiver and Bobbie L. Reyes, Tallahassee, Amicus Curiae, for Florida Public Service Com'n.

Kenneth A. Hoffman and John R. Ellis of Rutledge, Ecenia, Underwoood, Purnell & Hoffman, P.A., Tallahassee, Amicus Curiae, for Florida Waterworks Ass'n.

DAUKSCH, J.

This case arose when appellant, Lake Utility Services (LUS), filed a complaint against appellee, City of Clermont (Clermont), for declaratory and injunctive relief. LUS alleged in its complaint that it had the exclusive right to provide water service to several areas in Lake County pursuant to certificate number 496-W. It alleged that in 1992, it filed an application with the Florida Public Service Commission (FPSC) to extend its certificated service area...

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