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MIAMI BEACH v. 3098 ALTON RD., LLC

No. 3D19-982.

307 So.3d 86 (2020)

CITY OF MIAMI BEACH, etc., Appellant, v. 3098 ALTON ROAD, LLC, etc., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed July 15, 2020.

Attorney(s) appearing for the Case

Raul J. Aguila , City Attorney, and Jason D. Jacobson , Assistant City Attorney II, and Steven Rothstein , Deputy City Attorney, for appellant.

Agentis PLLC, and Christopher B. Spuches and Jason A. Martorella , for appellee.

Before SALTER, HENDON and LOBREE, JJ.

The City of Miami Beach (the "City") appeals from the entry of a peremptory writ of mandamus requiring it to restore water and sewer service to property owned by 3098 Alton Road, LLC (the "property owner"). The City raises several challenges, including that it had the authority to refuse the utility service at issue pursuant to provisions...

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