City of Fort Pierce v. Australian Properties, LLC WTC, LLC Ted Glasrud Associates FL, LLC William D. McKnight and Kathryn A. McKnight, etc.

The City of Fort Pierce (“City”) appeals a non-final order granting a motion for class action certification. It argues the court erred in certifying the class for multiple reasons, including that the plaintiffs lacked standing because the statute of limitations had run. We agree with this argument and reverse the order certifying the class.

In 2005, the City adopted Ordinance No. K-390, codified as the Stormwater Management Utility (“SMU”). Section 20-71 established stormwater management services as a utility under section 403.0893, Florida Statutes, and provided for the levy of fees “against…