Punta Gorda v. Burnt Store Hotel

639 So.2d 679 (1994)

CITY OF PUNTA GORDA, Appellant,

v.

BURNT STORE HOTEL, INC., Appellee.

No. 93-03575.

District Court of Appeal of Florida, Second District.

July 6, 1994.

J. Michael Rooney of Safron, Rooney & Dzurak, Punta Gorda, for appellant.

Jack O. Hackett, II, of Farr, Farr, Emerich, Sifrit, Hackett & Carr, P.A., Punta Gorda, for appellee.

BLUE, Judge.

The City of Punta Gorda appeals an order that determined a capacity increase fee was actually an illegal tax. We agree with the trial court and affirm.

This action arises from a utility contract between the City of Punta Gorda and Burnt Store…