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BENNETT v. CITY OF FORT LAUDERDALE

78 So.2d 567 (1955)

Sam F. BENNETT, D.D. Elliott, Charlie McCarthy, W.C. Melton, and Karl B. Sumner, Appellants, v. CITY OF FORT LAUDERDALE, a municipal corporation, and John W. Martin, as Trustee for the Florida East Coast Railway Company, a Florida corporation, Appellees.

Supreme Court of Florida. Special Division A.

March 9, 1955.

Attorney(s) appearing for the Case

C. Shelby Dale, Ft. Lauderdale, for appellants.

Ross & Williams, Ft. Lauderdale, for City of Fort Lauderdale.

Loftin, Anderson, Scott, McCarthy & Preston, Miami, Don G. Nicholson, Miami, Russell L. Frink, Jacksonville, and Rogers, Morris & Griffis, Ft. Lauderdale, for John W. Martin, as trustee, for Florida East Coast R. Co.

TERRELL, Justice.

Appellants as plaintiffs filed complaint in the appropriate court, praying for an injunction restraining the City of Fort Lauderdale and John W. Martin as Trustee for the Florida East Coast Railway Company from proceeding with plans to construct two grade crossings over the railroad in the said city. The theory of the complaint was that the city had a master plan approved by the voters, which was designed to control

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