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ATLANTIC GULF COMMUNITIES CORPORATION v. CITY OF PORT ST. LUCIE

No. 97-3330.

764 So.2d 14 (1999)

ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware corporation, Appellant/Cross-Appellee, v. CITY OF PORT ST. LUCIE, a Municipal corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Clarification May 12, 1999.

Attorney(s) appearing for the Case

Harold G. Melville of Melville & Sowerby, P.A., Fort Pierce, for appellant/cross-appellee.

Roger G. Orr, City Attorney, and Pam E. Booker, Assistant City Attorney, Port St. Lucie, for appellee/cross-appellant.

GROSS, J.

The primary issue we address in this case is whether the City of Port St. Lucie ("City") was authorized to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments set forth in section 197.3632, Florida Statutes (1997), to collect certain stormwater utility fees authorized by Chapter 403, Florida Statutes (1997). We hold that although the City had the authority to use the uniform method, its failure to follow the mandatory...

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