CITY OF FORT PIERCE, A MUNICIPAL CORPORATION, LAWNWOOD MEDICAL CENTER, INC., AND HUTCHINSON ISLAND LIMITED, INC., A FOREIGN CORPORATION, APPELLANT,
v.
MICHAEL S. MCCARTY, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE CLASS OF ALL TAXPAYERS OF THE CITY OF FORT PIERCE, FLORIDA AND ALEXANDER L. JOHNSON, JR., APPELLEES
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PER CURIAM.
The City of Fort Pierce sought a declaratory judgment concerning a proposed charter amendment limiting the height and density of future construction. The trial court declined to rule upon the constitutionality of the amendment until after'the proposed referendum election. We deem this to be error and hold that the trial court should and must rule upon the constitutionality questions prior to the election upon the authority of and for the reasons stated in Rivergate Restaurant Corporation v. Metropolitan Dade County, 369 So. 2d 679 (Fla. 3d DCA 1979); City of Miami v. Smith, 251 So. 2d 290 (Fla. 3d DCA 1971); Dade County v. Dade County League of Municipalities, 104 So. 2d 512 (Fla.1958); and Duval County v. Jennings, 121 Fla. 584, 164 So. 356 (1935).
Reversed and remanded.
LETTS, C.J., and DOWNEY and WALDEN, JJ., concur.
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Citator
Cited By
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W. Palm Beach Ass'n OF Firefighters v. Bd. of City Comm'rs of the City of W. Palm Beach, 448 So. 2d 1212 (Fla. 4th DCA 1984)…ourt to resolve the issue we are not aware. However, we suggest that under the circumstances that would have been the preferred procedure. Dade County v. Dade County League of Municipalities, 104 So. 2d 512 (Fla.1958); City of Ft. Pierce v. McCarty, 422 So. 2d 1094 (Fla. 4th DCA 1982). Be that as it may, appellants instituted a suit for mandamus to force the city to submit the matter to the people. As a result, the pleadings presented to the court, among other things, the constitutionality of the proposed ord…
Authorities Cited
- Dade Cnty. v. Dade Cnty. League OF Municipalities & Dean Claussen, 104 So. 2d 512 (Fla. 1958)
- Duval Cnty. v. Jennings, 121 Fla. 584 (Fla. 1935)
- Metro. Dade Cnty. v. Martin, 369 So. 2d 679 (Fla. 3d DCA 1979)
- City OF Miami Beach v. Smith, 251 So. 2d 290 (Fla. 3d DCA 1971)