CITY OF KEY WEST v. KEYS COMMUNITY COLLEGE

No. 3D11-417.

81 So.3d 494 (2012)

CITY OF KEY WEST, Appellant, v. FLORIDA KEYS COMMUNITY COLLEGE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 2012.


Attorney(s) appearing for the Case

Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., and Michael T. Burke and Christopher J. Stearns , Fort Lauderdale, for appellant.

Barton Smith, P.L., and Barton Smith , Key West, for appellee.

Anne M. Harvey , Tallahassee, for Florida Wildlife Federation, The Environmental Confederation of Southwest Florida and Sierra Club, as Amici Curiae, in support of appellant City of Key West.

Brannon & Humphries, and Steven L. Brannock and Maegen Peek Luka , Tampa, for Florida Stormwater Association, the Florida League of Cities and the City of Gainesville, as Amici Curiae, in support of appellant City of Key West.

Walter Harvey and Susan M. Seigle , Gainesville, for the School Board of Miami-Dade County and the School Board of Alachua County, as Amici Curiae, in support of Appellee Florida Keys Community College.

Before WELLS, C.J., and CORTIÑAS and ROTHENBERG, JJ.


ROTHENBERG, J.

The City of Key West ("the City") appeals the trial court's order granting final summary judgment to Florida Keys Community College ("the College"), in which the trial court: (1) determined that the College enjoys sovereign immunity from the City's imposition1 of stormwater utility fees; and (2) directed the City to refund the stormwater utility fees paid by the College. We affirm.

In 2001, pursuant to the authority...

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