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CAROL CITY UTILITIES, INC. v. DADE COUNTY

No. 65-636.

183 So.2d 227 (1966)

CAROL CITY UTILITIES, INC., a Florida Corporation, Appellant, v. DADE COUNTY, a Political Subdivision of the State of Florida, Thomas F. Carney, Bernard Janis, Floyd Kemp, William H. Merriam, Jr., and Earl Kehoe, Each Individually and As a Claimant to the Office of Member of and As the Persons Collectively Purporting to Constitute and Act As the Metropolitan Dade County Water and Sewer Board, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 9, 1966.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and James Knight, Miami, for appellant.

Thomas C. Britton, County Atty., for appellees.

Before HENDRY, C.J., and TILLMAN PEARSON and CARROLL, JJ.

TILLMAN PEARSON, Judge.

The appellant, Carol City Utilities, Inc., was the plaintiff in an action for declaratory decree against the defendants, Dade County and the Metropolitan Dade County Water and Sewer Board. The Utility sought a declaration by the Court that the Metropolitan ordinance creating the Dade County Water and Sewer Board was an unconstitutional exercise of power by the County. The final decree sustained the appellee's, County's, contention that the...

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