Town of Orange City v. Thayer

Citations

• 45 Fla. 502

Syllabus

<p>Where the enforcement of a municipal ordinance would result in a mere trespass for which adequate remedy exists at law, equity will not enjoin its enforcement even though the ordinance be void. It is only where the enforcement of such an ordinance will result in irreparable injury, or where authority to interfere arises under some other well recognized head of equity jurisdiction, that a court of equity can assume to enjoin the enforcement of such an ordinance.</p> <p>Z. A hill seeking an injunction on the ground of irrepara-ble injury must allege facts to enable the court to determine whether the injury will be irreparable as alleged. A more general allegation that the injury will be irreparable will not suffice.</p> <p>S. A court of equity should not enjoin the attempted enforcement of an alleged invalid municipal ordinance for impounding cattle runnnig at large unless- such enforcement will result in irreparable injury, or some other well recognized ground of equity jurisdiction exists, as the party injured has his adequate remedy at law, for testing the validity of such ordinance. j</p>