Miami Conservancy District v. Baden

DISSENTING OPINION

By MATTHEWS, J.

I find myself unable to concur in either the reasoning of or the conclusion reached by the court.

Supplementing the express averments of the pleadings by conclusions of law and matters of which the court takes judicial notice, the case presented, which the majority of the court has concluded lacks essential elements for. the issuance of a writ of mandamus, is as follows:

Immediately following the disastrous fioed of 1913, the inhabitants of the Big Miami River Watershed petitioned the legislature for some authority to protect themselves against a recurrence of…