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CITY OF INDIAN HARBOUR BEACH v. CITY OF MELBOURNE

No. 71-79.

265 So.2d 422 (1972)

CITY OF INDIAN HARBOUR BEACH, a Municipal Corporation, Individually and On Behalf of All Other Residents of the City of Indian Harbour Beach, Brevard County, Florida, Who Are Similarly Situated, Appellant, v. CITY OF MELBOURNE, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 1972.

Attorney(s) appearing for the Case

John M. Starling, of Crofton, Holland & Starling, Titusville, and Palmer W. Collins, of Collins & Clark, Eau Gallie, for appellant.

Elting L. Storms, of Storms, Pappas & Krasny, Melbourne, for appellee.

WALDEN, Judge.

This is a tale of two cities — the city of Indian Harbour Beach (plaintiff-appellant) and the city of Melbourne (defendant-appellee).

For some time Melbourne furnished water from its utility plant to Indian Harbour Beach residents, all without incident. There was no franchise agreement or contract and apparently Melbourne was a de facto franchiser, or a franchiser at sufferance, as concerns Indian Harbour Beach.

A dispute arose...

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