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

LAND USE MANAGEMENT: RETIREMENT COMMUNITIES. EVADE PUBLIC school IMPACT FEES. Volusia County v. Aberdeen at Ormond Beach, , 760 So. 2d 126 (Fla. 2000). James H. Sullivan*. Under protest, Appellee paid $86, in public school impact fees to Appellant County to develop an eighty-four unit mobile home park for persons aged 55 and Appellee then filed suit in the Circuit Court for Volusia County claiming that public school impact fees are unconstitutional as applied to a retirement Volusia County Ordinance No. 97-7 imposed on new residential development a fee to help defray the cost of public school expansion made necessary by such However, Appellee's development included an irrevocable deed restriction prohibiting any person under the age of eighteen (18).

412 FLORIDA LAW REVIEW [Vol. 53 average cost of providing school facilities for each new single-family unit at $2,899. Estimating that existing revenues covered $2,451 of this amount, St. Johns County set its public school impact

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