Legal Opinion

Westwood Lake, Inc. v. Dade County

District Court of Appeal of Florida

Decided March 30, 1971No. 70-571PublishedCited by 2 opinions

1Opinion of the Court

HENDRY, Judge.

The most salient question presented here is whether the “investment” method or theory used in ascertaining utility rates followed by the Metropolitan Dade County Water and Sewer Board and embodied in Ch. 32, Code of Metropolitan Dade County, violates due process and equal protection under the Fourteenth Amendment and the Declaration of Rights of the 1885 Florida Constitution. We reject this broad constitutional challenge and hold that the investment method or theory herein challenged is constitutional as a matter of law. U.S. Const., Amend. XIV; Declaration of Rights § 12,…

2Cases cited4 opinions

  1. Westwood Lake, Inc. v. Metropolitan Dade Co. W. & S. Bd.District Court of Appeal of Florida · 1967
  2. Southern Gulf Utilities, Inc. v. Metropolitan Dade County Water & Sewer BoardDistrict Court of Appeal of Florida · 1965
  3. American Fidelity Fire Insurance Company v. ClarkDistrict Court of Appeal of Florida · 1965
  4. Florida Cities Water Co. v. Board of County CommissionersSupreme Court of Florida · 1971

3Cited by2 opinions

  1. Westwood Lake, Inc. v. Dade CountySupreme Court of Florida · 1972
  2. Westwood Lake, Inc. v. Dade CountyDistrict Court of Appeal of Florida · 1972

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