PBT REAL ESTATE, LLC v. TOWN OF PALM BEACH

No. 18-13920.

988 F.3d 1274 (2021)

PBT REAL ESTATE, LLC, Plaintiff-Appellant, v. TOWN OF PALM BEACH, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 22, 2021.


Attorney(s) appearing for the Case

Jon Polenberg , Yasin Daneshfar , Gary C. Rosen , Becker & Poliakoff, PA, Fort Lauderdale, FL, for Plaintiff-Appellant.

Edward Alexander Dion , Nabors Giblin & Nickerson, PA, Plantation, FL, Lynn M. Hoshihara , Carly J. Schrader , Gregory Thomas Stewart , Nabors Giblin & Nickerson, PA, Tallahassee, FL, John C. Randolph , Jones Foster, PA, West Palm Beach, FL, for Defendant-Appellee Town of Palm Beach.

Orfelia Maria Mayor , Office of the Tax Collector, West Palm Beach, FL, for Defendant-Appellee Anne M. Gannon.

Before MARTIN, TJOFLAT, and TRAXLER, Circuit Judges.


Florida law authorizes a municipality to relocate the electrical, telephone, and cable television utilities within a city by placing them underground and levying a special assessment on real property benefited by the relocation.1 In July 2017, the Town of Palm Beach (the "Town") decided to underground...

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