318-Summary Final Judgement IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR SEMINOLE COUNTY, FLORIDA
SEMINOLE COUNTY, FLORIDA,
a political subdivision of
the State of Florida,
Plaintiff,
v. CASE NO. 87-2785-CA-17-L
CITY OF CASSELBERRY~ a
municipal corporation,
Defendant.
/
SEMINOLE COUNTY, FLORIDA
a political subdivision of
the State of Florida,
Plaintiff,
v. CASE NO. 87-2786-CA-17-L
CITY OF WINTER SPRINGS, a
.municipal corporation,
Defendant.
/
SEMINOLE COUNTY, FLORIDA,
a political subdivision of
the State of Florida,
Plaintiff,
v. CASE NO. 87-2787-CA-17-L
CITY OF SANFORD, a
municipal corporation,
Defendant.
/
SUMMARY FINAL JUDGMENT
THIS CAUSE was heard on Plaintiff's Motion for Summar!
Judgment and this court having heard the arguments of al~
parties, reviewed the pleadings, initial briefs and supplem~ntaf
briefs of all parties and being otherwise fully advised in th~
premises hereby makes the following Findings of Fact: ~
1. That all parties have agreed that there are no genuin~
issues of material fact.
2. That Seminole County is a non-charter county.
-1-
87-2785-CA-17-L
3. That Seminole County on March 24, 1987, adopted
Ordinance 87-4 which immediately imposes impact fees on new
construction located within the unincorporated area of Seminole
County and effective July 1, 1987, imposes impact fee on new
construction located within the incorporated areas of Seminole
County to pay for the cost of improvements to certain identified
arterial and collector roads within the County Road System as
defined in Section 334.03(6), Florida Statutes.
4. That on March 23, 1987, the City of Sanford adopted
Ordinance 1856, which established a six-month moratorium on all
road or transportation .impact fees on any development or real
property located within the municipal limits of the City of
Sanford.
5. That on March 23, 1987, the City of Casselberry adopted
Ordinance 567, which established a six-month moratorium on all
road or transportation impact fees on any development or real
property located within the municipal limits of the City of
Casselberryo
6. That on May 11, 1987, the City of Winter Springs
adopted Ordinance 382, which established a one-year ~oratorium on
all road or transportation impact fees on any development or real
property located within the municipal limits'of the City of
winter Springs. Said ordinance superseded Ordinance 368 adopted
on February 23, 1987, which established a 90 day moratorium.
7. That Seminole County Ordinance 87-4 is in conflict with
the moratorium ordinances adopted by the defendant municipalities
to the extent that Seminole County Ordinance 87-4 attempts to
impose road or transportation impact fees within the municipal
boundaries of the Defendants. ~
And this Court hereby makes the foll6wing FINDINGS OF LAW:
1. That Seminole County has the responsibility pursuant to
Chapters 334.335 and 336, Florida Statutes, to plan, develop,
maintain and finance construction to arterial and collector roads
-2-
87-2785-CA-17-L
within the County Road System, including those within the
incorporated areas of Seminole County.
2. That Article VIII, Section l{f) of the Florida
Constitution provides that when an ordinance of a non-charter
county conflicts with a municipal ordinance, the municipal
ordinance prevails.
3. That Seminole County Ordinance 87-4 is in conflict with
the moratorium ordinances adopted by each of the Defendant
municipalities to the extent that Seminole County Ordinance 87-4
attempts to impose road or transportation impact fees within the
municipal boundaries of the Defendants.
4. That pursuant to Article VIII, Section l(f) of the
Florida Constitution, Seminole County Ordinance 87-4 is not
effective within the boundaries of Defendant municipalities to
t~he extent it attempts to impose road or transportation impact
fees within the municipality contrary to the moratorium
ordinances of the Cities of Casselberry, Sanford and Winter
Springs.
WHEREUPON, IT IS ORDERED AND ADJUDGED that the Plaintiff's
Motion. for Summary Judgment is denied and Summary Judgment is
entered on behalf of the Defendants. That Ordinance 87-4 of
Seminole County, a non-charter county, is held =to be without
effect within the boundaries of a municipality to the extent that
it conflicts with an ordinance of the municipality as provided in
Article VIII, Section l(f) of the Florida Constitution.
DONE AND ORDERED in Sanford, Florida, this ~C' day of
_c o , 1988.
/S/Kenneth M. Leffler
CIRCUIT JUDGE
-3-
87-2785-CA-17-L
Copies furnished to:
Robert L. Nabors, Esquire
Nikki Clayton, Esquire
Kenneth W. McIntosh, Esquire
Donna L. McIntosh, Esquire
William L. Colbert, Esquire
Frank C. Kruppenbacher, Esquire
By: I~ MARyANNROBINSON
Judicial Assistant
Dated:
-4-
87-2785-CA-17-L