Isleworth Grove Co. v. County of Orange

Citations

• 79 Fla. 208
• 84 So. 83

Syllabus

<p>1. A demurrer addressed to the entire bill of complaint should be overruled if the bill contains any equitable ground or basis for the relief spuglit.</p> <p>2. A demurrer to a bill in equity operates as an admission that all such matters of fact as are well and sufficiently pleaded in the bill are true, but allegations of law are not admitted by the demurrer.</p> <p>3. When acting in good faith and within their statutory authority, county commissioners are by law accorded a wide administrative discretion which will not be controlled by the courts unless illegality or abuse of discretion is shown.</p> <p>i. If an assertion by county commissioners of the right of eminent domain is admitted or proven to be in fact for a private purpose and not for a county purpose, there is no right to exercise the authority; and the action taken therein may be enjoined in appropriate proceedings by a proper complainant.</p> <p>5. If a plain case of the abuse of the right of eminent domain by county commissioners is shown, the law affords a remedy in due course at the instance of proper parties.</p> <p>6. When the allegations of a bill of complaint are sufficient to call for a response from county commissioners as to the legality of their exercise of the right of eminent domain, a demurrer to the bill of complaint should be overruled.</p>