Legal Opinion

Palm Beach County v. Gene A. Bernard & Associates, Inc.

District Court of Appeal of Florida

Decided September 12, 1990No. Nos. 88-2706 to 88-2708, 88-2710 to 88-2712, 88-2714 to 88-2717, 88-2719 to 88-2721, 88-2723 to 88-2726, 88-2728 to 88-2733, 89-0232 and 89-0233Published

1Opinion of the Court

STONE, Judge.

We affirm the dismissal of consolidated cases filed by the county to collect unpaid impact fees. In 1979 a class action, Homebuilders and Contractors Assoc., Inc. et al. v. Board of County Commissioners, was brought seeking the refund of impact fees and to have the county impact fee ordinance declared unconstitutional. A temporary injunction was entered in that case restraining the county from further collection of the fees prior to final judgment. The class certification order in that case specifically mandated that notice of the action be furnished by certified mail to every…

2Cases cited8 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Hansberry v. LeeSupreme Court of the United States · 1940
  3. Frankel v. City of Miami BeachSupreme Court of Florida · 1976
  4. Swartzman v. HarlanDistrict Court of Appeal of Florida · 1988
  5. Hastings-Murtagh v. Texas Air Corp.District Court, S.D. Florida · 1988

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