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CITY OF GAINESVILLE v. STATE DOT

No. 1D05-0710.

920 So.2d 53 (2005)

CITY OF GAINESVILLE, Appellant, v. STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 2, 2006.

Attorney(s) appearing for the Case

Marion J. Radson, City Attorney, and Daniel M. Nee, Assistant Litigation Attorney, Gainesville, for Appellant.

Pamela S. Leslie, General Counsel, and Marianne A. Trussell, Deputy General Counsel, Tallahassee, for Appellee.

HAWKES, J.

In this third appeal between these parties, the City of Gainesville argues the trial court reversibly erred by dismissing, with prejudice, its action to collect stormwater utility fees from the Department of Transportation (DOT). We affirm.

In essence, the City argues that, since DOT is a person within the meaning of chapter 180, Florida Statutes, sovereign immunity is waived, and the City does not need...

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