# School Board of Pinellas Cty. v. Pinellas County Comm'n and Metric Const., Inc.

> District Court of Appeal of Florida · October 23, 1981 · 404 So. 2d 1178

URL: https://www.frixlaw.com/law-library/cases/1957864

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** October 23, 1981
- **Citations:** 404 So. 2d 1178
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow by Elser v. Law Offices of James M. Russ, 679 So. 2d 309 (1996).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1957864

## Opinion text

404 So.2d 1178 (1981)
The SCHOOL BOARD OF PINELLAS COUNTY, Florida, Appellant,
v.
The PINELLAS COUNTY COMMISSION AND METRIC CONSTRUCTORS, INC., Appellees.
No. 80-2107.
District Court of Appeal of Florida, Second District.
October 23, 1981.
B. Edwin Johnson, Gen. Counsel, Clearwater, for appellant.
John T. Allen, Jr. of John T. Allen, Jr., P.A., St. Petersburg, for appellee The Pinellas County Commission.
PER CURIAM.
We affirm on the sole basis that Section 235.26(1), Florida Statutes (1979) does not exempt a school board from payment of water or sewage impact or connection fees. We cannot consider the issues concerning the validity of the resolutions imposing water and sewer impact fees by appellee Pinellas County Commission, since appellant raised these issues for the first time in its motion for rehearing in the trial court. See Lipe v. City of Miami, 141 So.2d 738 (Fla. 1962); Buchanan v. Gulf Life Insurance Co., 286 So.2d 223 (Fla. 1st DCA 1973).
AFFIRMED.
SCHEB, C.J., and BOARDMAN and CAMPBELL, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1957864. Public record. Not legal advice.