Volusia County v. Aberdeen at Ormond Beach, L.P.

Supreme Court of Florida

760 So.2d 126 (Fla. 2000)

Public school impact fees are unconstitutional under state law as applied to developments where minors are forbidden to live.

Relevant Facts

Aberdeen at Ormond Beach, L.P. (the plaintiff) owned a mobile-home park in Volusia County (the defendant). The plaintiff provided housing for people 55 years of age or older. People under the age of 18 years were prohibited. The defendant enacted Ordinance No. 92-9, which imposed countywide public school impact fees on new dwelling units constructed in the county, assessed based the average number of public school students per dwelling unit. Under this assessment, the plaintiff paid approximately $87,000.00 in fees. The plaintiff filed suit, arguing, inter alia, that the public school impact fees were unconstitutional as applied to the plaintiff because of the restrictions it had in place prohibiting minors. The defendant argued that exempting the plaintiff would convert the impact fee into a “user fee,” which would violate the state’s constitutional guarantee of a free public school system. The parties filed cross-motions for summary judgment. The trial court granted the plaintiff’s motion and denied the defendant’s motion. The defendant appeals.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

760 So.2d 126 (Fla. 2000)