# Board of Public Instruction v. Town of Bay Harbor Islands

> Supreme Court of Florida · September 28, 1954 · 74 So. 2d 786

URL: https://www.frixlaw.com/law-library/cases/7406992

## Case

- **Full name:** The BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, a body corporate and politic under the laws of the State of Florida v. The TOWN OF BAY HARBOR ISLANDS, Florida, a municipal corporation
- **Court:** Supreme Court of Florida
- **Decided:** September 28, 1954
- **Citations:** 74 So. 2d 786; 1954 Fla. LEXIS 1167
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Mathews
- **Judges:** Bring, Mathews, Roberts, Terrell
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7406992

## Opinion text

MATHEWS, Justice.
It is true that the condemnation of lands for school purposes, standing alone, is one vested in the discretion of school authorities. Other questions, covered by Section 230.33, F.S., as amended, F.S.A., besides condemnation of lands, are involved in this case. The questions of sites and agreement or contractual relationship by the school authorities on the one hand, and the Town of Bay Harbor Islands, a municipal corporation, on the other are involved. The injunction suit by the respondent was instituted after the alleged agreement or contract.
It does not appear that the Circuit Judge has abused his discretion in allowing an amendment to the bill of complaint, in denying the motion to dismiss the bill of complaint as amended, or in granting the temporary injunction against petitioner.
The petition for certiorari should be and the same is hereby denied, without prejudice to the rights of the parties to prosecute this suit to a conclusion.
ROBERTS, C. J., and TERRELL, SE-BRING and MATHEWS, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7406992. Public record. Not legal advice.