Key Colony No. 1 Condominium Ass'n v. Village of Key Biscayne
District Court of Appeal of Florida
1Per curiam
The appellants filed suit challenging the assessments imposed upon them by the Village of Key Biscayne to fund a stormwater *780utility. See generally § 403.0893, Pla.Stat. (1993). The appellants claimed that Village ordinance 93-11 violated Florida Statute section 403.031(17)’s requirement that assessments be made based upon relative contribution to need. In order to have prevailed below, the appellants needed to overcome a presumption of correctness of the Village’s findings underlying the assessment, and needed to do so by strong, direct, clear, and positive proof. See City of Boca Raton v.…
2Cases cited6 opinions
- City of Boca Raton v. StateSupreme Court of Florida · 1992
- Meyer v. City of Oakland ParkSupreme Court of Florida · 1969
- Rosche v. City of HollywoodSupreme Court of Florida · 1952
- City of Gainesville v. SEABOARD COASTLINE, ETC.District Court of Appeal of Florida · 1982
- City of New Smyrna Beach v. FishSupreme Court of Florida · 1980
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