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McGRATH III v. CITY OF MIAMI

No. 3D00-2754.

789 So.2d 1168 (2001)

Patrick McGRATH III, Miamidade County, a political subdivision of the State of Florida, and Laureen Varga, Appellant, v. The CITY OF MIAMI, a municipal Lower corporation, Appellee.

District Court of Appeal of Florida, Third District.

July 11, 2001.

Attorney(s) appearing for the Case

Korge & Korge, and Thomas J. Korge, and Christopher G. Korge, Miami; Heise Markarian Foreman, and Mark J. Heise, and David Markarian, Miami; Robert A. Ginsburg, County Attorney, and Jess M. McCarty, Assistant County Attorney, for appellants.

Alejandro Vilarello, City Attorney, and Maria J. Chiaro, Assistant City Attorney; Weiss Serota Helfman Pastoriza & Guedes, and Joseph H. Serota, Miami, and Christopher F. Kurtz, Miami, for appellee.

Before COPE, GERSTEN, and SORONDO, JJ.

PER CURIAM.

Appellant, Patrick McGrath III, and intervenors/appellants, Miami Dade County and Laureen Varga, appeal from a final declaratory judgment which granted summary judgment in favor of the appellee, City of Miami ("City"), finding an ordinance to be validly enacted and upholding the constitutionality of a parking tax statute. We reverse.

In 1999, the Florida Legislature enacted Section 218.503(5), Florida Statutes (2000) ("statute"), which provides...

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