City of Treasure Island v. Peoples Committee for Common Sense Government

District Court of Appeal of Florida

City of Treasure Island v. Peoples Committee for Common Sense Government

505 So. 2d 1116, 12 Fla. L. Weekly 1100, 1987 Fla. App. LEXIS 7889

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1987

DocketNo. 86-2738

StatusPublished

Cited by1 cases

This text of 505 So. 2d 1116 (City of Treasure Island v. Peoples Committee for Common Sense Government) 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.

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City of Treasure Island v. Peoples Committee for Common Sense Government, 505 So. 2d 1116, 12 Fla. L. Weekly 1100, 1987 Fla. App. LEXIS 7889 (Fla. Ct. App. 1987).

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Opinion

LEHAN, Acting Chief Judge.

The City appeals from a temporary injunction prohibiting the City from spending public funds to advertise its position on an upcoming referendum vote. We reverse.

The injunction was sought in a suit brought by the Peoples Committee for Common Sense Government, identified in its complaint as a political action committee organized under the laws of the state of Florida. We agree with the City’s contention that the Peoples Committee had no standing to bring the suit.

The Peoples Committee argues that in a suit like this no special injury to plaintiff of the type referred to in Rickman v. Whitehurst, 73 Fla. 152, 74 So. 205 (1917), and Godheim v. City of Tampa, 426 So.2d 1084 (Fla. 2d DCA 1983),¹ need be shown when, as here, there is a constitutional attack upon a legislative body’s exercise of its taxing and spending power. See Department of Administration v. Horne, 269 So.2d 659 (Fla.1972); Godheim, 426 So.2d at 1087. However, a plaintiff in this type of case must nevertheless show, and the Peoples Committee has not shown, that it is a taxpayer and is therefore affected by the spending of tax money which it is challenging. See Department of Revenue v. Markham, 396 So.2d 1120 (Fla.1981); Horne.

Reversed.

HALL and SANDERLIN, JJ., concur.

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LEHAN, Acting Chief Judge.

The City appeals from a temporary injunction prohibiting the City from spending public funds to advertise its position on an upcoming referendum vote. We reverse.

The injunction was sought in a suit brought by the Peoples Committee for Common Sense Government, identified in its complaint as a political action committee organized under the laws of the state of Florida. We agree with the City’s contention that the Peoples Committee had no standing to bring the suit.

The Peoples Committee argues that in a suit like this no special injury to plaintiff of the type referred to in Rickman v. Whitehurst, 73 Fla. 152, 74 So. 205 (1917), and Godheim v. City of Tampa, 426 So.2d 1084 (Fla. 2d DCA 1983),¹ need be shown when, as here, there is a constitutional attack upon a legislative body’s exercise of its taxing and spending power. See Department of Administration v. Horne, 269 So.2d 659 (Fla.1972); Godheim, 426 So.2d at 1087. However, a plaintiff in this type of case must nevertheless show, and the Peoples Committee has not shown, that it is a taxpayer and is therefore affected by the spending of tax money which it is challenging. See Department of Revenue v. Markham, 396 So.2d 1120 (Fla.1981); Horne.

Reversed.

HALL and SANDERLIN, JJ., concur.

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505 So. 2d 1116, 12 Fla. L. Weekly 1100, 1987 Fla. App. LEXIS 7889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-treasure-island-v-peoples-committee-for-common-sense-government-fladistctapp-1987.

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