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DESIDERIO CORP. v. CITY OF BOYNTON BEACH

Nos. 4D09-58, 4D09-1384.

39 So.3d 487 (2010)

DESIDERIO CORPORATION, a Florida corporation, Ewell L. Miller, individually, and Sir Electric, Inc., a Florida corporation, Appellants, v. The CITY OF BOYNTON BEACH, Florida, and Boynton Beach Alliance, Appellees.

District Court of Appeal of Florida, Fourth District.

July 7, 2010.

Attorney(s) appearing for the Case

William H. Pincus of Law Offices of William H. Pincus, West Palm Beach, for appellant.

James A. Cherof and Michael D. Cirullo, Jr. of Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, Gregory T. Stewart of Nabors, Giblin & Nickerson, P.A., Tallahassee, and Edward Dion of Nabors, Giblin & Nickerson, P.A., Fort Lauderdale, for appellee, The City of Boynton Beach, Florida.

GROSS, C.J.

This appeal concerns a special assessment the City of Boynton Beach imposed on all improved property within city limits to fund its integrated fire rescue department. Desiderio Corporation, Ewell Miller, and Sir Electric, Inc., property owners in Boynton Beach, filed suit to challenge the special assessment. They sought a declaration that the assessment was unlawful and an injunction preventing the City from billing...

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