City of Pensacola v. Bear

Citations

• 83 Fla. 484
• 91 So. 360

Syllabus

<p>■1. While the granting, denial or dissolving injunctions is discretionary within the lemitations of applicable rules of law. and while the dissolution of a restraining order is not a matter of course when the equities of the bill are denied by , answer, yet if the answer by appropriate denials and averments- sufficiently meets the asserted equities upon which a restraining order was granted, the order should be dissolved upon proper proceedings duly taken, if the answer is not controverted by proper procedure as provided by the statutes.</p> <p>■2. The authority given by Chapter 5530, Acts of 1915, to the City of Pensacola relative to “establishing,, constructing and equipping one or more municipal wharves or docks including dredging and other necessary harbor improvements, and the purchase of property necessary to supplement city property to be used as sites for such purposes,” cannot fairly be said to be so limited and restrictive in its terms and purpose, as to exclude power to .purchase property that is suitably located and' the improvements thereon appropriately constructed for use in establishing, constructing and equipping one or more municipal wharves or docks.</p> <p>S. Necessarily a wide discretion is vested by Chapter 5530, Acts 1915, in the city commissioners of Pensacola in executing the powers conferred upon them, and such discretion will not be controlled by the courts when the authority conferred by the law is not clearly violated or the discretion palpably abused.</p>