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FLORIDA POWER CORP. v. CITY OF WINTER PARK

No. SC02-2272.

887 So.2d 1237 (2004)

FLORIDA POWER CORPORATION, Petitioner, v. CITY OF WINTER PARK, Respondent.

Supreme Court of Florida.

October 28, 2004.

Attorney(s) appearing for the Case

Sylvia H. Walbolt, Joseph H. Lang, Jr., and Hunter W. Carroll, St. Petersburg, FL, and Gary L. Sasso, Tampa, FL, of Carlton Fields, P.A., and R. Alexander Glenn, Associate General Counsel of Progress Energy Service Company, LLC, St. Petersburg, Florida, for Petitioner.

Thomas A. Cloud, Tracy A. Marshall, and George N. Meros, Jr., of Gray, Harris and Robinson, P.A., Orlando, FL, for Respondent.

Gordon H. Harris, Orlando, for Respondent.

Kenneth R. Hart and J. Jeffry Wahlen of Ausley and McMullen, Tallahassee, FL, on behalf of Tampa Electric Company; William B. Willingham and Michelle Hershel, Tallahassee, FL, on behalf of Florida Electric Cooperatives Association, Inc.; Ron A. Adams of Steel Hector and Davis, LLP and Jean G. Howard, Office of General Counsel, Miami, FL, on behalf of Florida Power and Light Company; and Harry Morrison, Jr., and Rebecca A. O'Hara, Tallahassee, FL, on behalf of Florida League of Cities, Inc., as Amici Curiae.

LEWIS, J.

We have for review the decision in Florida Power Corp. v. City of Winter Park, 827 So.2d 322 (Fla. 5th DCA 2002), which certified conflict with the decision in Florida Power Corp. v. Town of Belleair, 830 So.2d 852 (Fla. 2d DCA 2002), review granted, 852 So.2d 862 (Fla.2003). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons stated...

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