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VOLUSIA COUNTY SCHOOL BD. v. VOLUSIA HOMES

No. 5D05-3535.

946 So.2d 1084 (2006)

VOLUSIA COUNTY SCHOOL BOARD, Appellant, v. VOLUSIA HOMES BUILDERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 25, 2007.

Attorney(s) appearing for the Case

Stephen H. Grimes and Lawrence N. Curtin, of Holland & Knight LLP, Tallahassee, and F.A. Ford, Jr. of Landis, Graham, French, P.A., Deland, for Appellant.

C. Allen Watts, of Cobb & Cole, P.A., Deland, for Appellee.

THOMPSON, J.

The Volusia County School Board ("School Board") appeals an Administrative Law Judge's ("ALJ") ruling that the School Board's recommendation to the Volusia County Council ("County Council") to increase the school impact fee constituted either the enactment of a rule or the amendment of a pre-existing rule. The County Council adopted the recommendation and increased the impact fee to $5284. The Volusia Home Builders Association, Inc. ("VHBA"). filed a...

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