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QUILES v. CITY OF BOYNTON BEACH

No. 4D01-71.

802 So.2d 397 (2001)

Jesus F. QUILES, Appellant, v. The CITY OF BOYNTON BEACH, Florida, a municipal corporation, and Gerald Broening, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 7, 2002.

Attorney(s) appearing for the Case

Douglas A. Balog, Melbourne, for appellant.

James A. Cherof, City Attorney, Michael D. Cirullo, Jr., Assistant City Attorney, and Josias, Goren, Cherof, Doody & Ezrol, P.A., Fort Lauderdale, for appellee The City of Boynton Beach, Florida, a municipal corporation.

GROSS, J.

Jesus F. Quiles appeals from a final order granting the City of Boynton Beach's motion to dismiss with prejudice his claim seeking declaratory and injunctive relief. Quiles alleges that by voting to add fluoride to its potable water supply, the city violated his right to refuse medical treatment under the United States and Florida Constitutions, thereby exceeding its authority to enact such a measure. We affirm and write to address the constitutional issue...

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