Florida District Courts of Appeal, 1999

Brandt v. City of Miami

Brandt v. City of Miami
Florida District Courts of Appeal · Decided September 29, 1999 · Jorgenson, Nesbitt, Shevin
741 So. 2d 633; 1999 Fla. App. LEXIS 12740; 1999 WL 765937 (Southern Reporter, Second Series)

Brandt v. City of Miami

Opinion of the Court

PER CURIAM.

This is an appeal from a final order dismissing a taxpayer’s complaint with prejudice for lack of standing. The appellant, as a taxpayer, filed a class action complaint against the City of Miami for alleged improper use of stormwater utility fees for general city use.

We are bound by Florida Supreme Court precedent to affirm the lower court’s dismissal because the taxpayer lacks standing to pursue the claim. He asserts neither a special injury nor a valid direct constitutional attack. See School Board of Volusia County v. Clayton, 691 So.2d 1066 (Fla. 1997); North Broward Hospital District v. Fomes, 476 So.2d 154 (Fla. 1985). Accordingly, we affirm the trial court’s dismissal with prejudice of Brandt’s class action complaint.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.