Town of Orange City v. Thayer
Town of Orange City v. Thayer
Opinion of the Court
On November 19, 1901, appellees filed their bill of complaint against appellant in the Circuit Court of Volusia eonty, which alleges that the territorial limits and boundaries of the defendant town extend two and one-half miles north and soiith, and over three miles east and west;
On November 21, 1901, a temporary, injunction was granted as prayed. On January 0, 1902, defendant filed its demurrer to the bill, urging, among other grounds, that there is no equity in the bill, and that complainants have an adequate remedy at law. On the same day defendant filed its motion to dissolve the injunction, one of the grounds assigned being that there is no equity in the bill. On January 8, 1902, the court made an order overruling the demurrer, as well as an order denying the mo: tion to dissolve, and the defendant entered the present appeal from these orders and from the order granting the temporary injunction.
The bill is framed upon the theory that filie ordinance in so far as it purports to authorize the impounding of complainants’ cattle is void, because, as alleged, it is unreasonable, and in violation of the State statute referred io in the bill (Chap. 4190. act approved June 2, 1893).
The mere fact that the ordinance may be invalid does not authorize a court of equity to enjoin its enforcement, for where a remedy exists at law, as we have shown is the case here, the law court can pronounce the ordinance invalid. Crawford v. Bradford, 23 Fla. 404, 2 South. Rep. 782. It is only where the invalidity of a municipal ordinance has been established at law, or where equity would have authority to interfere under some well recoognized head of its juricdiction, such as to prevent irreparable injury or the like, that it can assume to enjoin the enforcement of such ordinance. It is not alleged that the inva-. lidity of this ordinance has ever been adjudicated at law, nor that after such adjudication favorable to complain
The orders appealed from are reversed and the cause remanded for further proceedings.
Reference
- Full Case Name
- Town of Orange City, a Municipal Corporation Organized Under the Laws of the State of Florida v. William S. Thayer and John Sauls, Partners Doing Business as Thayer & Sauls, and William S. Thayer, John Sauls, Philip Leonardy, Kirby B. Osteen, John P. Ditson, Albert Marsh, George Marsh and John H. Padgett
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- 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. 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. 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