CITY OF CORAL SPRINGS, a municipal corporation existing under the laws of the State of Florida, Appellant, v. FLORIDA NATIONAL PROPERTIES, INC., a Florida corporation, Appellee, 340 So. 2d 1271


Summary

Appellee corporation brought an action disputing the validity of a fee levied by appellant city. Appellee was granted a temporary injunction which permitted appellant to collect the disputed fee, but ordered that any fee collected be segregated and not used until it was determined that the ordinance establishing the fee was valid. The court reversed the judgment of the trial court, and remanded the cause with instructions to dissolve the temporary injunction and grant appellee leave to amend the count alleging the necessity for a temporary injunction. The court held that an injunction was an extraordinary remedy which will issue only to prevent irreparable injury for which there was no adequate remedy at law, and would lie only to restrain the commission of a future injury. The court found that appellee's allegation of past payment of the fee did not constitute sufficient grounds for an injunction, nor was a bare statement that payment of additional fees may be required during the ...