Volusia County v. Aberdeen at Ormond Beach, L.P.

760 So.2d 126 (2000)

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Volusia County v. Aberdeen at Ormond Beach, L.P.

Supreme Court of Florida
760 So.2d 126 (2000)

Facts

Aberdeen at Ormond Beach, L.P. (Aberdeen) (plaintiff) owned a mobile-home park in Volusia County (Volusia) (defendant), providing housing for people 55 years of age or older. People under the age of 18 years were prohibited from permanently residing in Aberdeen. Volusia enacted Ordinance No. 92-9, imposing countywide public school impact fees on new dwelling units constructed in Volusia. The countywide impact fees were assessed by the average number of public school students per dwelling unit. Under this assessment, Aberdeen paid $86,984.07 for 84 homes as of July 31, 1998. Aberdeen filed suit, arguing, inter alia, that the public school impact fees were unconstitutional as applied to Aberdeen because of the restrictions prohibiting minors from living in Aberdeen. Volusia argued that exempting Aberdeen would convert the impact fee into a “user fee,” which would violate the state’s constitutional guarantee of a free public school system. Aberdeen and Volusia filed cross-motions for summary judgment. The trial court granted Aberdeen’s motion and denied Volusia’s motion. Volusia appealed.

Rule of Law

Issue

Holding and Reasoning (Quince, J.)

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