DADE COUNTY v. BENENSON

No. 75-872.

326 So.2d 74 (1976)

DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. Charles B. BENENSON et al., Appellees.

District Court of Appeal of Florida, Third District.

January 13, 1976.


Attorney(s) appearing for the Case

Stuart Simon, County Atty., and William W. Gibbs, Asst. County Atty., for appellant.

Steel, Hector & Davis, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


PER CURIAM.

The defendant, Dade County, appeals the denial of its motion to dismiss plaintiffs' complaint for a declaratory judgment. The point presented is as follows: "Whether property owners are entitled to a declaration of their rights based upon alleged anticipated legislative actions which may or may not take place." We hold that the point presented does not apply to the complaint filed, and we affirm.

The inquiry must be whether or not the complaint...

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