(Download) "Sarasota County v. Sarasota Church Christ" by Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Sarasota County v. Sarasota Church Christ
- Author : Supreme Court of Florida
- Release Date : January 21, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
We have for review Sarasota County v. Sarasota Church of Christ, Inc., 641 So.2d 900 (Fla. 2d DCA 1994), in which the district court invalidated the special assessment at issue in this case. We have jurisdiction based on express and direct conflict with South Trail Fire Control District v. State, 273 So.2d 380 (Fla. 1973), and Madison County v. Foxx, 636 So.2d 39 (Fla. 1st DCA 1994). Art. V, ? 3(b)(3), Fla. Const. In summary, we conclude that the special assessment for stormwater services at issue in this case is a valid special assessment that is expressly authorized by the legislature because: (1) the assessment applies to the two classes of developed real property that contribute most of the stormwater runoff requiring treatment; (2) the assessment does not apply to undeveloped real property given that the undeveloped real property actually contributes to the absorption of stormwater runoff; (3) the properties assessed receive a special benefit from the funded stormwater services through the treatment of polluted stormwater contributed by those properties; and (4) the cost of those services has been properly apportioned. To require that the stormwater utility services be funded through a general ad valorem tax, as requested by the religious organizations who filed this action, would shift part of the cost of managing the stormwater drainage problems, which are created by developed real property, to undeveloped property owners who neither significantly contributed to nor caused the stormwater drainage problems. We quash the district courts decision.
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