THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, A BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF FLORIDA, PETITIONER,
v.
THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, A MUNICIPAL CORPORATION, RESPONDENT
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This case involves a dispute over the condemnation of land for school purposes, where the school board sought to acquire land within the Town of Bay Harbor Islands. The Florida Supreme Court denied the school board's petition for certiorari, allowing the injunction suit to proceed.
No, the Circuit Court did not abuse its discretion in its rulings regarding the amendment, motion to dismiss, or the temporary injunction.
“It does not appear that the Circuit Judge has abused his discretion in allowing an amendment to the bill of complaint, in denying the motion to dismiss the bill of complaint as amended, or in granting the temporary injunction against petitioner.”
This quote establishes the court's finding that the lower court acted within its discretion.
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Join FLexlaw to unlock all legal intelligenceThe Board of Public Instruction of Dade County sought to condemn land for school purposes within the Town of Bay Harbor Islands. The Town filed an inj…
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MATHEWS, Justice.
It is true that the condemnation of lands for school purposes, standing alone, is one vested in the discretion of school authorities. Other questions, covered by Section 230.33, F.S., as amended, F.S.A., besides condemnation of lands, are involved in this case. The questions of sites and agreement or contractual relationship by the school authorities on the one hand, and the Town of Bay Harbor Islands, a municipal corporation, on the other are involved. The injunction suit by the respondent was instituted after the alleged agreement or contract.
It does not appear that the Circuit Judge has abused his discretion in allowing an amendment to the bill of complaint, in denying the motion to dismiss the bill of complaint as amended, or in granting the temporary injunction against petitioner. The petition for certiorari should be and the same is hereby denied, without prejudice to the rights of the parties to prosecute this suit to a conclusion.
ROBERTS, C. J., and TERRELL, SE-BRING and MATHEWS, JJ., concur.
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Citator
Cited By
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THE Bd. OF Pub. Instruction OF Dade Cnty. v. Town OF BAY Harbor Islands, 81 So. 2d 637 (Fla. 1955)