CITY OF NORTH MIAMI BEACH, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND CITY OF NORTH MIAMI BEACH PUBLIC UTILITIES DEPARTMENT, A DADE COUNTY, FLORIDA ENTITY, APPELLANTS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND METROPOLITAN DADE COUNTY WATER AND SEWER BOARD, A DADE COUNTY, FLORIDA ENTITY, APPELLEES; STATE OF FLORIDA EX REL. CITY OF NORTH MIAMI BEACH, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND CITY OF NORTH MIAMI BEACH PUBLIC UTILITIES DEPARTMENT, A DADE COUNTY, FLORIDA ENTITY, RELATORS. V. METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND METROPOLITAN DADE COUNTY WATER AND SEWER BOARD, A DADE COUNTY, FLORIDA ENTITY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed dismissal of most counts in a declaratory judgment action challenging the Water and Sewer Board's authority to restrict water service connections, but modified the dismissal to be without prejudice and rejected the plaintiff's prohibition petition.
Counts 2-5 of the complaint were properly dismissed but without prejudice, allowing the issues to be raised in response to the board's rule to show cause if the board is found to have jurisdiction.
[1] Counts in a complaint challenging an administrative agency's jurisdiction may be dismissed without prejudice to allow the issues to be raised in response to the agency's…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Metropolitan Dade County Water and Sewer Board issued an order to the City of North Miami Beach and its Public Utilities Department directing them…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administrative Jurisdiction cases and more on FLexlaw
PER CURIAM.
Following an order of the Metropolitan Dade County Water and Sewer Board to the appellants, the City of North Miami Beach and its Public Utilities Department, directing them to show cause why certain restrictions against further connections for water service should not be imposed, the appellants filed an action for declaratory judgment in the circuit court, challenging the authority of Dade County and the board to so proceed and seeking an injunction to restrain such action.
The complaint filed in the trial court, as amended, contained five counts. On defendants’ motion to dismiss, the court allowed the first count to stand and dismissed the remaining counts with prejudice. On the plaintiffs’ appeal therefrom, having considered the record, briefs and argument, we affirm the order dismissing or striking counts 2, 3, 4 and 5 but hereby modify it to be without prejudice to assert such matters in response to the board’s rule to show cause in event the court shall hold the board has jurisdiction to so proceed.
In addition, the plaintiff filed a suggestion in prohibition, against the county and the said board. Having considered the same together with the appeal we hold the suggestion fails to state a prima facie case for issuance of a rule nisi in prohibition, and hereby dismiss the suggestion in prohibition.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF N. Miami Beach v. Metro. Dade Cnty., 317 So. 2d 110 (Fla. 3d DCA 1975)…esented, we affirm the judgment appealed. Affirmed. . A previous appearance of this same case in which this court affirmed the dismissal of some of the counts of the complaint is City of North Miami Beach v. Metropolitan Dade County, Fla.App.1975, 312 So. 2d 219 (1975). . See Miami Shores Village v. Cowart, Fla.1958, 108 So. 2d 468.…