THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA, APPELLANTS,

v.

MILLPIN, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• City OF Tallahassee v. Mann, 411 So. 2d 162 (Fla. 1981)
  …that its utility rates ordinance, like any other legislative act, is presumed valid and that the burden of proving otherwise is on those who challenge it, citing Mohme v. City of Cocoa, 328 So. 2d 422 (Fla.1976) and City of Pompano Beach v. Oltman, 389 So. 2d 283 (Fla. 4th DCA 1980). These decisions concerned challenges brought in circuit court by ratepayers of municipal utilities, and are therefore not applicable in this case. This is not a challenge to the City’s rate structure in a circuit court action. R…
• Spierer v. City OF N. Miami Beach, 560 So. 2d 1198 (Fla. 3d DCA 1990)
  …ine, on behalf of any aggrieved party, whether there has been a deviation from the standard of just and reasonable in fixing rates.” Cooksey v. Utilities Comm’n, 261 So. 2d 129, 130 (Fla.1972) (footnote omitted); see City of Pompano Beach v. Oltman, 389 So. 2d 283, 285-86 (Fla. 4th DCA 1980) (class action), review denied, 399 So. 2d 1144 (Fla.1981); Orlando Utilities Comm’n v. Rosalind Holding Co., 330 So. 2d 56 (Fla. 4th DCA 1976); cf. Frankel v. City of Miami Beach, 340 So. 2d 463 (Fla.1976) (challenge of w…
• Fla. Keys Aqueduct Auth. v. Pier House Joint Venture, 601 So. 2d 1270 (Fla. 3d DCA 1992)
  …ntiff in this case as well as the money judgment rendered for the plaintiff which is based thereon. Mohme v. City of Cocoa, 328 So. 2d 422, 425 (Fla.1976); Cooksey v. Utilities Comm’n, 261 So. 2d 129, 130 (Fla.1972); City of Pompano Beach v. Oltman, 389 So. 2d 283, 286 (Fla. 4th DCA 1980), cert. denied, 399 So. 2d 1144 (Fla.1981). The final judgment under review is affirmed insofar as it declares invalid the imposition of the $48,000 system development fee [less a $5,000 credit] upon the plaintiff by the def…

Authorities Cited

• Bloch v. Frick, 152 Fla. 554 (Fla. 1943)