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TOWN OF BELLEAIR v. FLORIDA POWER CORP.

No. SC02-2149.

897 So.2d 1261 (2005)

TOWN OF BELLEAIR, etc., Petitioner, v. FLORIDA POWER CORPORATION, etc., Respondent.

Supreme Court of Florida.

March 10, 2005.

Attorney(s) appearing for the Case

Lee William Atkinson and Tony J. Tuntasit of Tew, Barnes and Atkinsons, LLP, Clearwater, FL, for Petitioner.

Hunter W. Carroll, Gary L. Sasso, Sylvia H. Walbolt and Robert W. Pass of Carlton Fields, P.A., and R. Alexander Glenn, Associate General Counsel, Progress Energy Service Company, LLC, St. Petersburg, FL, for Respondent.

LEWIS, J.

We have for review Florida Power Corp. v. Town of Belleair, 830 So.2d 852 (Fla. 2d DCA 2002), which expressly and directly conflicts with the decision in Florida Power Corp. v. City of Winter Park, 827 So.2d 322 (Fla. 5th DCA 2002), approved, 887 So.2d 1237 (Fla.2004). We have jurisdiction. See art. V, § 3(b)(3), Fla...

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