City of Indian Harbour Beach v. City of Melbourne

WALDEN, Judge.

This is a tale of two cities — the city of Indian Harbour Beach (plaintiff-appellant) and the city of Melbourne (defendant-ap-pellee).

For some time Melbourne furnished water from its utility plant to Indian Harbour Beach residents, all without incident. There was no franchise agreement or contract and apparently Melbourne was a de facto franchiser, or a franchiser at sufferance, as concerns Indian Harbour Beach.

A dispute arose between the cities as concerns the right to regulate these water rates.1

In 1963 the Legislature delegated to Indian Harbour Beach, via charter provisions,…