District Court of Appeal of Florida

Summary judgment for plaintiffs holding that a county's school impact fee ordinance constituted a facially unconstitutional impairment on construction contracts is reversed where the trial court erred in finding the ordinance facially unconstitutional because circumstances existed under which the statute could be validly applied to require payment of the school impact fee prior to issuance of building permits.

Appellate Information

• Decided 06/09/2006
• Published 06/09/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Gregory T. Stewart and Harry F. Chiles of Nabors, Giblin & Nickerson, P.A., Tallahassee;  and David M. Owen, Lee County Attorney, and John S. Turner, Assistant County Attorney, Fort Myers, for Appellant.


• For Appellees:
  
• Jeffrey R. Garvin, Theodore L. Tripp, Jr., and Elisa W. Worthington of Garvin & Tripp, P.A., Fort Myers, for Appellees.