COURT ORDER - MOTION TO DISMISS7 TFT R: i'e?C': rT COURT C? T: TETTE JU ICt'L C::'C:Ji t
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,�... T�.�.+ STATE T 7 1r. t T t '.COMITY
i.•.: .._. �y � '� :.:. T _� � ��i •..". �?I AND :MR P. aL*,a,,:.3
Circuit Civil Vo. 40,239
CITY OF SAFETY H R'3 R,
a
municipal corporation,
Plaintiff,
-v-
• . CIISi .07 ('.iZAM"1 ;,•
a Municipal corporation,
)•
Defendant. i
ORDER •
This cause .is before the Court On the Motion to
Dismiss filed by the Defendant, CITY OF CLEARWATER. The
CITY OF CLEARWATER is alleged to have annexed certain territory'
which lies in an area said by. the Plaintiff,• CITY OF SAFETY
HARBOR, to have been prohibited to be annexed by reason of. •
an _ agrcemeat • among the Cities of Clearwater, Dunedin, and
Saf o ty :.arbor dated February .2, 1970.
The agreement referred to merely provides that,
"Each of.the respective municipalities agree to avoid'and
discourage future plans or requests for annexation Of any:
lands contained in the areas designated. . . ." •The land said
to have been annexed by Clearwater is • f urtber ' said to have
been contained in the areas designated.
The Plaintiff relies on City of Ft. Lauderdale v.
•
Town o. Hacienda 'Village 172 So.2d 451 for' authority of a city to
prohibit expansion of municipal territory. That case,•however, .
involved a prohibition by the Legislature•against any city
except Ft Lauderdale annexing the land in question and the •
words of the Legi3lative Act were definite worda of prohibition,
in contrast'to the words used in. the subject agreement.
The Plaintiff concedes that absent the agreement among
the cities it would have no standing to ::,aintain• this action,
and the Court is of the opinion that the agreement does not
invest the Plaintiff, CITY O? SUETY IIa.RBOR, with such standing..
'this conclusion is reached reluctantly because of the feeling
a
of the Court that a.green.ent3 of .cities .should be adhered to,
but tae Court cnr_not stretch ethical or -moral .considerations
.into legal status. • d
The Motion to Di.Taiss is granted with leave to. the
Plaintiff to amend within twenty•(2O) days from the date hereof
if of the opinion that' amendment is felt , to , be possible and' .
proper. If no amendment is filed within twenty .(201 days from
the date of this Order, then this Order shall become a Final.
Judgment of Dismissal:
DO= AND OFD2RED in Chambers'.at Clearwater, Pinellas
Count5r, Ftor1da, this 9Wday of January, A.D..1973.
!ARV W. FOGIE
. . C3`RC"UIT JD-Duu'
Copies furnished to WILLIAM P. O'MALLET, 301: Pierea' Street, .
Clearwater, Florida 33516 and- •
N. S. GOULD, 311 South•:Jissouri Avenue,%e.
'Clearwater, Florida 33516 •
this Anay of ..January,. 1073, Iby U. $, mail.
•
s Dwayne E ..'grown
T J'',Jp ' s bfl CRETARY
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