MCCOY RESTAURANTS, INC., APPELLANT,
v.
CITY OF ORLANDO, FLORIDA; GREATER ORLANDO AVIATION AUTHORITY; DELTA AIRLINES, INC.; EASTERN AIRLINES, INC.; BRANIFF AIRLINES, INC.; PAN AMERICAN AIRLINES, INC.; NORTHWEST AIRLINES, INC.; OZARK AIRLINES, INC.; REPUBLIC AIRLINES, INC.; U.S. AIR, INC.; AIR FLORIDA, INC.; AND UNITED AIRLINES, INC., APPELLEES
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PER CURIAM.
AFFIRMED.
DAUKSCH and FRANK D. UP-CHURCH, JR., JJ., concur. SHARP, J., concurs in part; dissents in part.
SHARP, Judge,
concurring in part; dissenting in part.
I agree that the trial court properly dismissed Counts I and IV of the complaint because appellant failed to sufficiently allege standing as a taxpayer to challenge the airline agreements involved in this case,1 and appellant failed to allege a cause of action for tortious interference with a business relationship in Count II.
I think appellant sufficiently pleaded grounds to challenge the agreements under the Sunshine Law in Count III. § 286.011, Fla.Stat. (1988). The Aviation Authority is a public body to which the Sunshine Law appears applicable. § 286.011(1); Wood v. Marston, 442 So. 2d 934 (Fla.1983); Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla.1974). No special standing allegations are necessary for a citizen to bring a Sunshine Law case against a public body. See, e.g., Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla.1985). It was, therefore, erroneous to dispose of this count upon challenge by a motion to dismiss.
. Department of Revenue v. Markham, 396 So. 2d 1120 (Fla.1981); Compare Fornes v. North Broward Hospital District, 455 So. 2d 584 (Fla. 4th DCA 1984) with Godheim v. City of Tampa, 426 So. 2d 1084 (Fla. 2d DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Town OF Palm Beach v. Jules T. Gradison, 296 So. 2d 473 (Fla. 1974)
- THE Florida BAR v. McKENZIE, 442 So. 2d 934 (Fla. 1983)
- NEU v. Miami Herald Publ'g Co., 462 So. 2d 821 (Fla. 1985)
- Dep't OF Revenue OF the State OF Fla. v. Markham, 396 So. 2d 1120 (Fla. 1981)
- State v. Piccirilli, 426 So. 2d 1084 (Fla. 2d DCA 1983)
- Godheim v. City OF Tampa, 426 So. 2d 1084 (Fla. 2d DCA 1983)
- Fornes v. N. Broward Hosp. Dist., 455 So. 2d 584 (Fla. 4th DCA 1984)