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March 11, 2021
The Florida First District Court of Appeals on Wednesday affirmed the Escambia County Circuit Court dismissal of The Paces Foundation and Century Park Apartments lawsuit against the Town of Century.
In February 2020, the lower court adopted both arguments that the town raised in defense that sovereign immunity and fraud statutes each precluded the developer’s claims.
The Paces Foundation and Century Park Apartments contended they owed $63,750 for water and wastewater connection fees, but instead they were forced to pay over $100,000 more.
Paces contended that they elected to make their $10 million investment in Century in late 2015, at which time a 2015 water rate ordinance was in effect. Those rates were in effect until increased in a series of acts by the town council, increasing costs over $100,000 for the developer, according to the motion.