Dade County v. Benenson

The defendant, Dade County, appeals the denial of its motion to dismiss plaintiffs’ complaint for a declaratory judgment. The point presented is as follows: “Whether property owners are entitled to a declaration of their rights based upon alleged anticipated legislative actions which may or may not take place.” We hold that the point presented does not apply to the complaint filed, and we affirm.

The inquiry must be whether or not the complaint presented a prima facie case of an actual doubt as to the effect of, and plaintiffs’ rights under, actions already taken by the County. Cf. May v.…