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State v. City of Port Orange

650 So. 2d 1 (1994)

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State v. City of Port Orange

Florida Supreme Court
650 So. 2d 1 (1994)

DD

Facts

The city of Port Orange (the city) (plaintiff) planned on improving city-owned roads. In order to finance the improvements, the city sought to issue municipal bonds. The bonds would be repaid from a transportation utility fee imposed on developed properties within the city. The transportation utility fee was based on the amount of usage of city-owned roads by the owners of developed properties and was mandatory for these property owners. The State of Florida (the state) (defendant) opposed the bond issuance, and the city filed suit to validate the bonds. The trial court validated the bonds, finding that the transportation utility fee was a permissible fee. The city was thus authorized to levy the fee to fund the bonds. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Wells, J.)

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