Carol City Utilities, Inc. v. Dade County, 62-229
| Decision Date | 14 August 1962 |
| Docket Number | No. 62-229,62-229 |
| Parties | CAROL CITY UTILITIES, INC., a Florida corporation, Appellant, v. DADE COUNTY, a political subdivision of the State of Florida; Thomas F. Carney, James C. Edgerton, Bernard Janis, William J. H. Taylor and Sam Weissel, each individually and as a claimant to the office of, member of an as to the persons collectively purporting to constitute and act as the 'Metropolitan Dade County Water and Sewer Board'; and The Board of Public Instruction of Dade County, Florida, a body corporate incorporated by Act of the Legislature of the State of Florida, Appellees. |
| Court | Florida District Court of Appeals |
Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and James Knight, Miami, for appellant.
Darrey A. Davis, County Atty., and Thomas C. Britton, Asst. County Atty., Bolles & Prunty and Peter Nimkoff, Miami, for appellees.
Before PEARSON, TILLMAN, C. J., HORTON, J., and LOPEZ, AQUILINO, Jr., Associate Judge.
This is an appeal by Carol City Utilities, Inc. whose complaint seeking a declaratory decree was dismissed in the circuit court. The appeal was first lodged in the Supreme Court of Florida upon the jurisdictional basis that the decree necessarily passed upon the validity of certain State statutes because the plaintiff had asked the circuit court to declare the statutes unconstitutional. The Supreme Court declined to accept jurisdiction and transferred the appeal to this court.
We are presented with the question as to whether declaratory relief was available to this plaintiff under the allegations of its complaint. As to this question the trial judge stated:
'The suit seeks a declaratory decree or judgment as to the validity, scope and effect of an order on rate complaint (Exhibit #4, attached to the complaint) of the Dade County Water and Sewer Board and, incident thereto, a declaration as to the validity and construction of certain designated sections of the Home Rule Charter, as well as certain ordinances and resolutions of the Metropolitan Dade County Commission (all of which are attached to the complaint as exhibits).
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'The plaintiff is unhappy with the order and urges its invalidity on several grounds; most, if not all, of which involve a judicial construction (or determination of validity) of the Charter provisions, statutes, ordinances, resolutions, and other indicia of governmental action, referred to in plaintiff's...
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