Abstract
In 1981, Morris and Mary Lucy Cherry acquired title to a 150‐room motel, modified the rooms, and sold them as single‐family residential condominiums. The individual rooms were separately owned. In 1987, the town of Atlantic Beach annexed the Cherrys' property, and they applied for water service from the town's water supply system. The town's rate schedule included a minimum monthly rate for single residential or commercial users. A different rate (based on the number of units) applied for customers having multiple units served by a single line. Although the Cherrys requested a lower rate, the town advised them they would be charged the rate for residential condominiums ($8 monthly minimum multiplied by the number of units in the complex). The town Board of Commissioners upheld the decision. The Cherrys appealed and lost.
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