ASKEW v. HOLD THE BULKHEAD-SAVE OUR BAYS, INC.

No. 71-728.

269 So.2d 696 (1972)

Reubin O'd. ASKEW, Governor, et al., As and Constituting the Department of Natural Resources, and Restaurant Associates Industries, Inc., Appellants, v. HOLD THE BULKHEAD-SAVE OUR BAYS, INC., a Non-Profit Florida Corporation, and Christy Payne, Jr., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1972.


Attorney(s) appearing for the Case

Dale Price, and Dewey A. Dye, Jr., of Dye, Dye, Smith, Cleary & Scott, Bradenton, and Jack W. Pierce, Tallahassee, for appellants.

William E. Robertson of Robertson, Robertson, Walker & Diez, Sarasota, for appellees.


McNULTY, Judge.

We are here concerned with "standing" to seek enforcement of the testamentary intent of the donor of a public park.

Oscar Scherer State Park was donated to the state under the will of Elsa Scherer Burrows. Specifically, the land was devised "for public recreation and as a wild life sanctuary." The state has begun construction of various improvements designed to develop camping and restaurant facilities in the park, and appellees seek to enjoin...

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