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NELSON v. WAKULLA COUNTY

No. 1D04-2710.

905 So.2d 936 (2005)

Randolph NELSON and Mary L. Nelson, his wife, et al., Appellants, v. WAKULLA COUNTY, Florida, etc., et al., Appellees.

District Court of Appeal of Florida, First District.

June 13, 2005.

Attorney(s) appearing for the Case

William C. Owen, Tallahassee; Douglas S. Lyons, Tallahassee; Lance Gerlin, Tallahassee; Samuel R. Neel, III, Tallahassee, Attorneys for Appellants.

Ronald A. Mowrey and Donna S. Biggins of Mowrey & Biggins, P.A., Tallahassee, Attorneys for Appellees.

THOMAS, J.

We have for review an appeal from a final order of the Circuit Court of Wakulla County. Appellants brought suit against Wakulla County, challenging the constitutionality of Wakulla County Ordinance 85-6 and seeking a refund of the special assessments. The lower court found the ordinance was, in fact, unconstitutional pursuant to City of North Lauderdale v. SMM Properties, 825 So.2d 343 (Fla.2002). However, it denied...

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