Baywood Construction, Inc. v. City of Cape Coral
Docket: 86-2439
Court: District Court of Appeal of Florida; May 22, 1987; Florida; State Appellate Court
Baywood Construction, Inc. and Charles E. Fletcher appealed a partial final declaratory judgment affirming the validity of Cape Coral Ordinance 63-80, which established a utility capital expansion fee for water and sewer services. The ordinance mandates that fees be paid upon the installation of a new water meter, with wastewater fees deferred until sewer service is available. The revenue generated is designated solely for capital expansion of utility facilities. The appellants sought a declaratory judgment asserting the ordinance was null and void, claiming it functioned as an impact fee ordinance, which they argued should have been adopted according to stricter procedures outlined in section 166.041(3)(c)(2) of the Florida Statutes (1979). The trial court rejected this claim, determining that Ordinance 63-80 did not require the more stringent enactment procedures since it was not a zoning ordinance and did not substantially restrict property use. The appellate court affirmed the trial court’s decision, agreeing that the ordinance's purpose as a valid impact fee for capital expansion did not classify it as a zoning ordinance requiring the more rigorous procedures. The court referenced precedents to support its position, concluding that the city had followed the appropriate procedures for enacting the ordinance under section 166.041(3)(a). The judgment for Cape Coral was thus upheld.