Florida District Courts of Appeal, 1985

McCoy Restaurants, Inc. v. City of Orlando

Florida District Courts of Appeal · Decided February 21, 1985 · Church, Dauksch, Frank, Sharp

465 So. 2d 546; 10 Fla. L. Weekly 486; 1985 Fla. App. LEXIS 14081 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH and FRANK D. UP-CHURCH, JR., JJ., concur. SHARP, J., concurs in part; dissents in part.

Concurring in Part

SHARP, Judge,

concurring in part; dissenting in part.

I agree that the trial court properly dismissed Counts I and IV of the complaint because appellant failed to sufficiently allege standing as a taxpayer to challenge the airline agreements involved in this case,1 and appellant failed to allege a cause of action for tortious interference with a business relationship in Count II.

I think appellant sufficiently pleaded grounds to challenge the agreements under the Sunshine Law in Count III. § 286.011, Fla.Stat. (1988). The Aviation Authority is a public body to which the Sunshine Law appears applicable. § 286.011(1); Wood v. Marston, 442 So.2d 934 (Fla. 1983); Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974). No special standing allegations are necessary for a citizen to bring a Sunshine Law case against a public body. See, e.g., Neu v. Miami Herald Publishing Company, 462 So.2d 821 (Fla. 1985). It was, therefore, erroneous to dispose of this count upon challenge by a motion to dismiss.

. Department of Revenue v. Markham, 396 So.2d 1120 (Fla. 1981); Compare Fornes v. North Broward Hospital District, 455 So.2d 584 (Fla. 4th DCA 1984) with Godheim v. City of Tampa, 426 So.2d 1084 (Fla. 2d DCA 1983).

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