Brandt v. City of Miami

District Court of Appeal of Florida

Brandt v. City of Miami

741 So. 2d 633, 1999 Fla. App. LEXIS 12740, 1999 WL 765937

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 1999

DocketNo. 98-2327

StatusPublished

This text of 741 So. 2d 633 (Brandt v. City of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brandt v. City of Miami, 741 So. 2d 633, 1999 Fla. App. LEXIS 12740, 1999 WL 765937 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

This is an appeal from a final order dismissing a taxpayer’s complaint with prejudice for lack of standing. The appellant, as a taxpayer, filed a class action complaint against the City of Miami for alleged improper use of stormwater utility fees for general city use.

We are bound by Florida Supreme Court precedent to affirm the lower court’s dismissal because the taxpayer lacks standing to pursue the claim. He asserts neither a special injury nor a valid direct constitutional attack. See School Board of Volusia County v. Clayton, 691 So.2d 1066 (Fla.1997); North Broward Hospital District v. Fomes, 476 So.2d 154 (Fla.1985). Accordingly, we affirm the trial court’s dismissal with prejudice of Brandt’s class action complaint.

AFFIRMED.

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PER CURIAM.

This is an appeal from a final order dismissing a taxpayer’s complaint with prejudice for lack of standing. The appellant, as a taxpayer, filed a class action complaint against the City of Miami for alleged improper use of stormwater utility fees for general city use.

We are bound by Florida Supreme Court precedent to affirm the lower court’s dismissal because the taxpayer lacks standing to pursue the claim. He asserts neither a special injury nor a valid direct constitutional attack. See School Board of Volusia County v. Clayton, 691 So.2d 1066 (Fla.1997); North Broward Hospital District v. Fomes, 476 So.2d 154 (Fla.1985). Accordingly, we affirm the trial court’s dismissal with prejudice of Brandt’s class action complaint.

AFFIRMED.

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741 So. 2d 633, 1999 Fla. App. LEXIS 12740, 1999 WL 765937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandt-v-city-of-miami-fladistctapp-1999.

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