Palm Beach County Circuit Judge Timothy McCarthy has ruled in favor of the city of Boynton Beach in a long pending lawsuit that challenged the city’s Fire Assessment Fee.
In rejecting the challenge brought by two property owners, the judge noted that assessments for fire-rescue services have been recognized for almost four decades in Florida.
Wayne Segal, city spokesman, said McCarthy ruled that the evidence and testimony during the three day non-jury trial in early October demonstrated that the City Commission followed a “deliberative legislative process,” which included hiring a consultant who recommended a fee structure based on special benefit to property and conducting several public hearings before the adoption of the fire assessment fee structure.
The plaintiffs sued Boynton in 2002 following adoption of the city’s initial fire assessment in 2001. They sought the refund of their fire assessment fee and alleged that the methodology for the fire assessment was flawed and that the fee had been levied illegally.
The court found all of the plaintiffs’ complaints to be without merit and found that the city followed the law that governs special assessments.
The fire assessment has raised more than $15 million since its inception. The funds are being used to pay a portion of costs for new fire stations and other fire protection services that are provided to residential, commercial and institution structures.
Segal said the fire fee has resulted in a greatly improved the level of fire protection services provided by the city’s Fire Department.