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ALFONSO v. DIAMONDHEAD FIRE PROTECTION

No. 2012-CA-00217-SCT.

122 So.3d 54 (2013)

Anna M. ALFONSO, et al. v. DIAMONDHEAD FIRE PROTECTION DISTRICT, Jack Cleveland, Edward Dabler, Patrick Destefano, Eloise Kinja, Pat Kinsella, Russell Love, Charles Reddien, Paul Snemyr, and Dick Weber.

Supreme Court of Mississippi.

Rehearing Denied October 10, 2013.

Attorney(s) appearing for the Case

David Neil McCarty , Oliver E. Diaz, Jr. , Jackson, William M. Kulick , Ocean Springs, attorneys for appellant.

Michael B. Dickinson , Edward C. Taylor , Gulfport, attorneys for appellees.

EN BANC.

WALLER, Chief Justice, for the Court:

¶ 1. A group of property owners filed suit against the Diamondhead Fire Protection District (DFPD) board of commissioners and several current and former DFPD officers, seeking declaratory judgment that a fee charged for fire-protection services is an impermissible tax. Finding the DFPD had authority to charge fees for services rendered, the trial court entered a judgment in favor of the DFPD. The property owners appeal, raising...

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