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W. VILLAGES IMP. v. N. PORT ROAD & DRAINAGE

No. 2D09-2221.

36 So.3d 837 (2010)

WEST VILLAGES IMPROVEMENT DISTRICT, an independent special district of the State of Florida, Petitioner, v. NORTH PORT ROAD AND DRAINAGE DISTRICT, a dependent special district of the State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

May 28, 2010.

Attorney(s) appearing for the Case

Margaret E. Wood of Caldwell Pacetti Edwards Schoech & Viator, LLP, West Palm Beach, for Petitioner.

Maggie D. Mooney-Portale and Terry E. Lewis of Lewis, Longman, & Walker, P.A., Bradenton, and Robert K. Robinson and Jackson C. Kracht of Nelson Hesse, L.L.P., Sarasota, for Respondent.

MORRIS, Judge.

In this second-tier certiorari proceeding, West Villages Improvement District seeks to quash the circuit court's order which upheld non-ad valorem special assessments imposed by the North Port Road and Drainage District (NPRDD) upon real property owned by West Villages. We conclude that the circuit court departed from the essential requirements of law by failing to apply the principle espoused in Blake v. City of Tampa, 115 Fla. 348, 156 So....

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