CITY OF ST. PETERSBURG, A MUNICIPAL CORPORATION, APPELLANT,
v.
FRANCIS W. CLARK, SR., AS TRUSTEE, WALLACE SALLEY, CHARLIE C. JONES, CHARLIE BYRD, WILLIAM BROWN, THEODIS WRIGHT, CALVIN HICKS, JR., AS SUCCESSOR TRUSTEES OF MASONIC LODGE NO. 109, JESSIE V. WHITE, FRANK HALEY AND O. SANFORD JASPER, APPELLEES
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The City of St. Petersburg appealed a final judgment awarding damages for condemned property. The trial court based the valuation on a city resolution used for other properties, deeming it a commitment to a specific valuation method for all similar organizations. The appellate court reversed, finding the trial court exceeded its authority by misinterpreting the resolution.
The appellate court held that the trial court exceeded its authority by misinterpreting the city resolution. The resolution was clearly intended only for the church properties, not as a commitment to the Masonic Lodge or other organizations.
[1] A court cannot judicially convert a resolution adopted with reference to specific properties into a commitment to apply the same valuation method to other properties not…
[2] Courts should not speculate on constructions of unambiguous language in a resolution; the plain meaning of the text controls.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court judicially converted the resolution into something it was not, i.e., a commitment to appellees. This was beyond the court’s authority.”
Establishes the appellate court's finding that the lower court overstepped its bounds.
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Join FLexlaw to unlock all legal intelligenceThe City of St. Petersburg condemned property owned by Masonic Lodge No. 109. The trial court used a valuation method from a city resolution, which ha…
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LEHAN, Judge.
In this condemnation case the City of St. Petersburg appeals from a final judgment awarding appellees, as successor trustees of Masonic Lodge No. 109, $224,588.50 for the condemned property. The award was based upon a method of valuation contained in a resolution which had been adopted by the city council approximately one year earlier in connection with the city’s negotiated purchases of several parcels from several churches in the same general area. The trial court’s basis for requiring that valuation method in this case was his conclusion that the method which was used for the churches’ properties could only have been justified without violations of constitutional provisions as to assisting in the establishment of religion and as to equal protection of the laws if it had been applicable to “all non-profit educational, religious, charitable or eleemosynary organizations within the area affected.” For that reason the trial court deemed the resolution to have necessarily constituted a commitment to value all special use properties in that area like those of the churches and that of appellees according to the same method. We reverse.
We conclude that the resolution very clearly was adopted with reference only to the churches’ properties. The trial court judicially converted the resolution into something it was not, i.e., a commitment to appellees. This was beyond the court’s authority. “It is neither the function nor prerogative of the courts to speculate on constructions more or less reasonable, when the language itself conveys an unequivocal meaning.” Heredia v. Allstate Insurance Co., 358 So. 2d 1353, 1355 (Fla.1978). See also Pfeiffer v. City of Tampa, 470 So. 2d 10, 16, 17 (Fla. 2d DCA 1985).
In view of the status of the record before us and the nature of the contentions on appeal we need not and do not address the method of valuation which should be used under the circumstances of this case.
Reversed and remanded for proceedings consistent herewith.
DANAHY, A.C.J., and CAMPBELL, J., concur.
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Hapney v. Cent. Garage, Inc., 579 So. 2d 127 (Fla. 2d DCA 1991)…ogative of the courts to speculate on constructions more or less reasonable, when the language itself conveys an unequivocal meaning.” Heredia v. Allstate Insurance Co., 358 So. 2d 1353, 1355 (Fla.1978), as quoted in City of St. Petersburg v. Clark, 492 So. 2d 685 (Fla. 2d DCA 1986). “A court’s employment of perceived rationality and sensibleness as a guide to ascertaining legislative intent ... is in contrast to a situation where there is a clear manifestation of legislative intent which may not lead to what…
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Salley v. City OF ST. Petersburg, 511 So. 2d 975 (Fla. 1987)…Masonic Lodge. The petitioners were awarded $224,588.50 for the condemned property. On appeal, the Second District Court of Appeal reversed the judgment because the court had employed an improper method of valuation. City of St. Petersburg v. Clark, 492 So. 2d 685 (Fla. 2d DCA 1986). By separate unpublished order, the district court denied petitioners’ motion for attorney’s fees. We deal only with that order. Section 73.131(2), Florida Statutes (1985), provides: The petitioner shall pay all reasonable costs…
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Moretrench Am. Corp. v. Taylor Woodrow Constr. Corp. & Am. Home Assurance Co., 565 So. 2d 861 (Fla. 2d DCA 1990)…ogative of the courts to speculate on constructions more or less reasonable, when the language itself conveys an unequivocal meaning.” Heredia v. Allstate Insurance Co., 358 So. 2d 1353, 1355 (Fla.1978), as quoted in City of St. Petersburg v. Clark, 492 So. 2d 685 (Fla. 2d DCA 1986). “A court’s employment of perceived rationality and sensibleness as a guide to ascertaining legislative intent ... is in contrast to a situation where there is a clear manifestation of legislative intent which may not lead to what…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heredia v. Allstate Ins. Co., 358 So. 2d 1353 (Fla. 1978)
- Pfeiffer v. City OF Tampa, 470 So. 2d 10 (Fla. 2d DCA 1985)