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ITID v. DCA

No. 4D05-4379.

946 So.2d 640 (2007)

INDIAN TRAIL IMPROVEMENT DISTRICT, Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS and Palm Beach County, Appellees.

District Court of Appeal of Florida, Fourth District.

January 24, 2007.

Attorney(s) appearing for the Case

Mark E. Grantham of Hunton & Williams, L.L.P., Atlanta, Georgia, for appellant.

David L. Jordan and Leslie E. Bryson, Tallahassee, for Department of Community Affairs.

Edward P. de la Parte, Jr., David M. Caldevilla, and Nicolas Q. Porter of de la Parte & Gilbert, P.A., Tampa, and Amy Taylor Petrick, Assistant County Attorney, West Palm Beach, for Palm Beach County.

FARMER, J.

Palm Beach County adopted a comprehensive land use plan (CLUP) in 1989. Until 2004, its plan generally did not allow the County to provide or subsidize freshwater and wastewater services to the unincorporated rural areas. In 2004, it amended its CLUP to designate the County as the service provider of freshwater and wastewater to the unincorporated portions of the county. Over the objections of a special taxing district (and others) that provided such services...

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