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ELLIS v. BURK

No. 5D03-371.

866 So.2d 1236 (2004)

Scott ELLIS, etc., et al., Appellants, v. Kay BURK, Melton E. Broom, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 27, 2004.

Attorney(s) appearing for the Case

Richard E. Stadler of Stadler & Harris, P.A., Titusville, and Joseph C. Mellichamp of Carlton Fields, P.A., Tallahassee, for Appellant, Scott Ellis, as Clerk.

Jerry L. Jester of Burrows & Jester, P.A., Merritt Island, for Appellants, Albert C. Notary and Gene Sterling.

Jack A. Kirschenbaum of Gray, Harris & Robinson, P.A., Melbourne, for Appellees.

Joe Teague Caruso of Law Offices of Caruso & Swerbilow, P.A., Merritt Island, for Amicus, Jim Ford, Brevard County Property Appraiser.

PLEUS, J.

This is an appeal from a final judgment entered pursuant to a summary judgment which declares section 5.4 of the Brevard County Home Rule Charter to be inconsistent with Chapters 129 and 200, Florida Statutes, and therefore violative of Article VIII, section 1(g) of the Florida Constitution.

The appeal presents a purely legal question, whether the tax cap provision contained in section 5.4 is inconsistent with Florida law governing the annual consideration...

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