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STATE, DEPARTMENT MANAGEMENT SERVICES v. CITY OF DELRAY BEACH

No. 1D09-2854.

40 So.3d 835 (2010)

STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES and Police Benevolent Association, Appellants, v. CITY OF DELRAY BEACH, Florida, Appellee.

District Court of Appeal of Florida, First District.

July 13, 2010.

Attorney(s) appearing for the Case

Thomas E. Wright, Assistant General Counsel, Tallahassee, for Appellant, Department of Management Services, and G. "Hal" Johnson, Tallahassee, and Bonni S. Jenson, West Palm Beach, for Appellant, Police Benevolent Association.

James W. Linn and Glenn E. Thomas, of Lewis, Longman & Walker, P.A., Tallahassee, for Appellee.

MARSTILLER, J.

The summary judgment on appeal was entered in a declaratory action filed by the City of Delray Beach ("City") challenging a determination by the Department of Management Services, Division of Retirement ("Division"), that the City's police and firefighter pension plan must comply with chapter 99-1, Laws of Florida, which amended sections 175.351(1) and 185.35(1), Florida Statutes. The issues for our review are (1) whether the Division's application...

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