567 ISLAND CORPORATION, A FLORIDA CORPORATION AND BANK OF COMMERCE OF FLORIDA, AS TRUSTEE, A BANKING CORPORATION UNDER THE LAWS OF FLORIDA, APPELLANTS,
v.
NORTH BAY VILLAGE, FLORIDA, A MUNICIPAL CORPORATION, AND RICHARD GERSTEIN, STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT, APPELLEES
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Florida appellate court affirmed the validity of a municipal ordinance imposing differential garbage collection fees on apartment houses, condominiums, and single-family homes, finding the classification justified by differences in service requirements.
A municipality may impose differential garbage collection charges on different classes of residential properties when the classification is justified by differences in service requirements.
[1] A municipality may classify residential properties differently for utility service charges when the classification is rationally related to differences in actual service…
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Join FLexlaw to unlock all legal intelligenceIsland Corporation and Bank of Commerce of Florida, as trustee, owned and operated apartment houses in North Bay Village and challenged a city ordinan…
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The appellants, alleging each was owner and operator of an apartment house of 160 units and 357 units respectively, in North Bay Village, in Dade County, filed a complaint for declaratory decree to determine the validity of an ordinance of the defendant city which imposed a charge on owners or operators of apartment houses of $1.50 per month, per unit, for garbage collection and disposal service, and which imposed on owners or operators of condominiums and co-operative apartments $1.00 per month, per unit, for such service, and which ordinance imposed a $1.00 per month per unit charge for such service to single family home owners.
Plaintiffs therein contended for a construction that the ordinance was invalid for charging more per unit for the service to apartment owners than was charged per unit for condominiums and co-operative apartments. On final hearing the trial court entered judgment for the defendant North Bay Village, thereby impliedly upholding the validity of the questioned ordinance.
On consideration of the record, briefs and arguments, we find no reversible error *468has been shown. The separate classification in this matter which was made by the legislative body of the defendant city was justified in law on the facts disclosed with reference to the types of structures involved as located in the defendant city and the differences in the garbage service requirements as related thereto. See Peninsular Industrial Ins. Co. v. State, 61 Fla. 376, 55 So. 398, 400; Dutton Phosphate Co. v. Priest, 67 Fla. 370, 65 So. 282, 286; Riley v. Lawson, 106 Fla. 521, 143 So. 619, 622.
Affirmed.
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Citator
Cited By
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Pinellas Apt. Ass'n, Inc. v. City OF ST. Petersburg, 294 So. 2d 676 (Fla. 2d DCA 1974)…her users. The Supreme Court held that these classifications were not unreasonable, arbitrary or in conflict with the state or federal constitutions or laws. The ordinance construed in 567 Island Corporation v. North Bay Village, Fla.App.3rd, 1970, 236 So. 2d 467, imposed a garbage collection charge of $1.50 per month per unit for apartment house owners and $1.00 per month per unit for the owners of condominiums and co-operative apartments as well as single family residences. The plaintiffs contended the ord…
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Fish v. City OF NEW Smyrna Beach, 382 So. 2d 307 (Fla. 1st DCA 1979)…inction. 12 MeQuillin, Municipal Corporations (3rd ed. 1970), section 35.37b, quoted with approval in Pinellas Apartment Association, Inc. v. City of St. Petersburg, 294 So. 2d 676 (Fla. 2d DCA 1974). See also 567 Island Corp. v. North Bay Village, 236 So. 2d 467, 468 (Fla. 3d DCA 1970), cert, den., 240 So. 2d 637 (Fla.1970) (upholding garbage rate differentials justified by “the types of structures involved as located in the defendant city and the differences in the garbage service requirements as related t…
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567 Island Corp. v. N. BAY Vill., 240 So. 2d 637 (Fla. 1970)…Certiorari denied. 236 So. 2d 467. ERVIN, C. J., and ROBERTS, DREW, CARLTON and BOYD, TJ., concur.…
Authorities Cited
- Dutton Phosphate Co. v. Lawton Priest, 67 Fla. 370 (Fla. 1914)
- Riley v. Lawson, 106 Fla. 521 (Fla. 1932)
- Peninsular Indus. Ins. Co. v. State, 61 Fla. 376 (Fla. 1911)