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CLAYTON v. SCHOOL BD. OF VOLUSIA COUNTY

No. 95-643.

696 So.2d 1215 (1997)

James B. CLAYTON, Appellant, v. SCHOOL BOARD OF VOLUSIA COUNTY, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Clarifying Decision July 25, 1997.

Attorney(s) appearing for the Case

Daniel R. Vaughen of Daniel R. Vaughen, P.A., and Philip L. Partridge, Deland, and Richard S. Graham, of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., Daytona Beach, and Todd J. Sanders, Daytona Beach, for Appellant.

C. Allen Watts of Cobb, Cole & Bell, Daytona Beach, for Appellee.

ON REMAND FROM THE SUPREME COURT

HARRIS, Judge.

Because the supreme court has reaffirmed its holding in Fornes1 that a citizen taxpayer has no standing, individually or as a representative of a class, to challenge even the "illegal" acts of elected or appointed officials unless such illegality rises to constitutional proportions, and because Clayton's current complaint alleges only that the School Board members...

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