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eBook details

• Title: City of Gainesville v. State
• Author : Supreme Court of Illinois
• Release Date : January 04, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The City of Gainesville appeals a circuit court order dismissing its complaint, which sought validation of a proposed bond issue. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. The issue is whether the Citys stormwater fees constitute a user fee, which are authorized under Florida Statutes, or a special assessment, which generally may not be charged to state agencies. The issue is relevant to the bond validation because the City pledged the stormwater fees as collateral for the bonds. Thus, if the fees are invalid, the bonds cannot be approved. See, e.g., Keys Citizens for Responsible Govt, Inc. v. Florida Keys Aqueduct Auth., 795 So. 2d 940, 947 (Fla. 2001) (noting that where the municipalitys fees are tied to the financing agreement on which the bonds will be secured, the validity of the fees are part of the courts inquiry into whether the public body has the authority to issue the bonds). For the reasons stated below, we find that the stormwater fees constitute valid user fees. Therefore, we reverse the order and remand with directions to enter a judgment validating the bonds.

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