CITY OF ZEPHYRHILLS v. WOOD

No. 2D01-4615.

831 So.2d 223 (2002)

CITY OF ZEPHYRHILLS, a Florida municipal corporation, Appellant, v. Johnnie Jolene WOOD and Robert David Wood, her husband; Louise Newman; and Pasco County, a political subdivision, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 20, 2002.


Attorney(s) appearing for the Case

Thomas P. McAlvanah of Thomas P. McAlvanah, P.A., Zephyrhills, for Appellant.

Robert David Wood, pro se.

No appearance for Appellees Johnnie Jolene Wood, Louise Newman, and Pasco County.


BLUE, Chief Judge.

The City of Zephyrhills appeals an order that determined that a utility connection fee, an impact fee, was actually an illegal tax. Because the record does not support the trial court's decision, we reverse and remand for further proceedings.

This action arises from the City's complaint to foreclose a lien on the Woods' property. The lien had been imposed because the Woods had failed to pay the City's water and sewer connection fee. During...

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