Opinion

Ashcroft v. Melbourne Civic Improvement Board

  • 232 So. 2d 436
  • 1970 Fla. App. LEXIS 6837
Court
District Court of Appeal of Florida
Filed
Mar 6, 1970
Status
Published
Author
Walden
On the bench
Cross, Reed, Walden
Cited by
1 cases
Authority
More cited than 56.0%

The opinion

WALDEN, Judge.

Plaintiffs’ thirty page, five count, third amended complaint was dismissed with prejudice in the circuit court without comment or reason stated. We reverse.

Plaintiffs are residents and tax payers of the City of Melbourne. Their chief grievance centers upon the act of the City, through the Melbourne Civic Improvement Board, in constructing with public monies an irrigation system at the city-owned *437 golf course, which course is under lease to a private party, the Melbourne Golf and Country Club, Inc. The complaint is prolix and seeks an injunction, an accounting, declaratory relief and other remedies based upon multiple theories.

We do not believe it would be helpful to extend this opinion by the reproduction here of the complaint. Suffice it to say we have carefully assayed it in the light of the most general grounds found in the Motions to Dismiss 1 and are of the opinion that it states a cause of action sufficient to survive these assaults based primarily and at least upon the allegations of the complaint concerning a misuse of public money. See Lewis v. Peters, Fla.1953, 66 So.2d 489 ; Mayes Printing Company v. Flowers, Fla.App.1963, 154 So.2d 859 ; 43 C.J.S. Injunctions § 122.

Reversed.

REED, J., concurs.

CROSS, C. J., dissents, without opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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