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District Court of Appeal of Florida


Remington Cmty. Dev. Dist. v. Educ. Found. of Osceola, 5D05-2271

Summary judgment for a charter school in a dispute with a development district over payment of certain special assessments levied by the district is reversed where: 1) a charter school is not exempt from special assessments because, unlike other public schools, the legislature has failed to create a statutory exemption for charter schools; and 2) although foreclosure is not available to enforce assessment liens because the property is in use by a public school, mandamus is available to enforce them.

Appellate Information

  • Decided 08/11/2006
  • Published 08/11/2006

Judges

  • TORPY, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Scott D. Clark and Mitchell E. Albaugh of Scott D. Clark, P.A., Winter Park, for Appellant.

  • For Appellees:
  • Charles W. Sell of Shuffield, Lowman & Wilson, P.A., Orlando, for Appellee.
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