City of Titusville v. Board of Public Instruction of Brevard County

OWEN, Judge.

Appellant, City of Titusville, constructed a sanitary sewerage facility, assessing a part of the cost thereof against the abutting property owners one of whom was the Board of Public Instruction of Brevard County (herein referred to as School Board). When the School Board, which had not given its prior consent and approval to the construction of the improvement or to the special assessment against its property, refused to pay such assessment the city brought an action in mandamus to compel the School Board to pay. The trial court dismissed the amended complaint with prejudice,…