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· 6/20/2001

Bill Stroop Roofing, Inc. v. Metropolitan Dade County

Citations

  • 788 So. 2d 365
  • 2001 Fla. App. LEXIS 8339
  • 2001 WL 686416

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “our governments are required to refund taxes and fees illegally exacted”
  • explaining that “once the illegality of either [a tax or a fee] is established, the prerequisites for recovery are the same”
  • finding that an illegal fee was required to be paid with other, legitimate fees, and return of the illegal fees was justified
  • rejecting sovereign immunity as a defense to \a county's refusal to obey a direct legislative mandate\ through the collection of fees in derogation of a statute
  • rejecting sovereign immunity as a defense to \a county's refusal to obey a direct legislative mandate\ through the collection of fees in derogation of a statute
  • agreeing “with the Fourth District Court that once the illegality of either [a tax or a fee] is established, the prerequisites for recovery are the same” (citing Ves Carpenter Contractors, Inc. v. City of Dania, 422 So. 2d 342, 344 (Fla. 4th DCA 1982))

Source: CourtListener parenthetical corpus (CC0).

Judges: Levy, Fletcher, and Sorondo

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.