Coral Ridge Golf Course, Inc. v. City of Fort Lauderdale

(dissenting) :

I must respectfully dissent for the reason that the complaint, in my opinion, states a cause of action to sufficiently withstand the test of a motion to dismiss.

Plaintiff’s complaint, which is substantially set forth in the majority opinion, seeks to restrain the defendant-city from enforcing certain provisions of its zoning ordinances on the theory that such ordinances are invalid in their application to the plaintiff. There is ample authority to support the proposition that a suit in equity to enjoin the enforcement of a statute or ordinance is appropriate where it is claimed…