Spierer v. City of North Miami Beach

I dissent for several reasons. Unlike the majority, I find that appellants’ complaint states a cause of action.

Appellants are entitled to advance their cause. The first reason supporting appellants’ right to pursue their complaint derives from well-established law. When municipalities are incorporated, they are imbued with authority to perform both governmental and proprietary functions. City of Lakeland v. Amos, 106 Fla. 873, 143 So. 744 (1932).

The governmental functions and the corporate business activities of a municipal corporation are quite different; and each class of such charter…