5/14/1978 - Laserfiche WebLink

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IN THE CIRCUIT COURT OF THE NINE- TEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA. CASE NO. 77-1045 MID -FLORIDA UTILITIES, INC., ) 4 Petitioner, ) VS. ) BOARD OF COUNTY COMMISSIONERS ) OF INDIAN RIVER COUNTY, FLORIDA, Respondent O R D E R Petitioner, Mid -Florida Utilities, Inc., seeks review I by certiorari of Respondent, Board of County Commissioners of Indian River County, Florida Resolution No. 77-111, which denied Petitioner's application for authority to increase its water rates to customers in Indian River County, Florida. r This case arose out of an application for a water rate increase initially filed by Petitioner, Mid -Florida, under a franchise known as the "Rockridge Water and Sewer Franchise.". Mid -Florida claims a fair rate of return would be 10.9%; that its proposed rates would produce that fair rate of return and that the rates presently being charged by Mid -Florida were not producing any rate of return, and therefore, were confiscatory. .Mid -Florida also contends that the Respondent Board is without authority to consider the quality of service and the quality of r; water in determining whether or not Mid -Florida's application ..for rate increase should be granted. Mid -Florida is also claiming that the Board departed from essential requirements of law and failed to give any consideration.to the financial needs of Mid -Florida and its denial of Mid -Florida's application for rate increase deprived Mid -Florida of its property without just compensation in violation of guarantees of the Florida and Federal constitution. Mid -Florida is asking the Court to order the Board to.grant the rate increase it asked for and to find that a fair and reasonable rate of -return for Mid -Florida is 10.9%, and that the rate increase.go into effect immediately. 1978