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ASHE v. CITY OF BOCA RATON

No. 2256.

133 So.2d 122 (1961)

David ASHE, Walter J. Dugan, John H. Flancher, Domina C. Jalbert, Quinten J. Liberati, William Sayre, Aris J. Smith, Haven C. Schrecengost, John J. Woods and Harold Schmidt, Appellants, v. CITY OF BOCA RATON, Florida, and Courtney C. Boone, John R. Brandt, Joseph Delong, William Herbold, al Rues, constituting the members of the Boca Raton, Florida, City Commission; the State Board of Control of Florida, and J.J. Daniel, J.K. Hays, James J. Love, Ralph L. Miller, S. Kendrick Guernsey, James D. Camp, Sr., and Frank M. Buchanan, constituting the members of the State Board of Control of Florida; and J. Broward Culpepper, individually, and as Executive Director and/or Secretary of the State Board of Control of Florida; Thomas D. Bailey, individually, and as State Superintendent of Public Instruction and as a member of the State Board of Education, Appellees.

District Court of Appeal of Florida. Second District.

September 27, 1961.

Attorney(s) appearing for the Case

Merwin E. Taylor, Miami Springs, for appellants.

Richard W. Ervin, Atty. Gen., by Joseph Nesbitt, Asst. Atty. Gen., and Leon F. Weaver, City Atty. for Boca Raton, Boca Raton, for appellees.

WHITE, Judge.

Appellants David Ashe and others were plaintiffs in a suit in the Circuit Court for Palm Beach County seeking by declaratory decree to invalidate a deed conveying 203 acres of land from the City of Boca Raton to the Florida State Board of Education. The plaintiffs are Boca Raton residents and taxpayers, some of whom operate aircraft using the facilities of the Boca Raton Municipal Airport located on the land in question. The defendants are the City of...

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