Fish v. City of New Smyrna Beach

SMITH, Acting Chief Judge:

Appellant Fish, representing a class of condominium unit owners and residents of the City of New Smyrna Beach, appeals from a circuit court judgment sustaining the City’s ordinances fixing garbage and trash collection rates for residential and business users. The issue is whether the City’s classifications and charges discriminate unconstitutionally against condominium residents and in favor of business users and residents of single family dwellings.

We find that the substantial difference in charges to condominium residents and to businesses, for the same service, is…