BENJAMIN E. PARTRIDGE AND BEVERLY MERRITT, APPELLANTS,
v.
ST. LUCIE COUNTY, ETC., APPELLEE
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Property owners appealed a trial court's validation of $12 million in special assessment bonds for street and drainage improvements in a municipal service benefit unit, arguing the improvements were unnecessary and unaffordable. The Florida Supreme Court affirmed, holding that such decisions are political questions within the exclusive authority of the Board of County Commissioners.
The appellants' challenge fails because the questions they raise are political questions within the exclusive authority of the Board of County Commissioners. Judicial review of bond validation is limited to whether the issuing body has power to act and whether it exercised that power in accordance with law.
[1] A court's review of the validation of special assessment bonds is limited to whether the issuing body has the power to act and whether it exercised that power in accordan…
[2] The necessity of street and drainage improvements and the affordability of special assessments are political questions falling within the power of the Board of County Com…
Previewing 2 of 4 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 questions raised by appellants are essentially political questions which fall exclusively within the power of the Board of County Commissioners.”
Establishes that decisions about establishing municipal service units and special assessments are within the exclusive authority of the county commissioners, not courts.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSt. Lucie County sought validation of up to $12 million in special assessment bonds to finance street and drainage improvements within a municipal ser…
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PER CURIAM.
Appellants appeal a final judgment validating special assessment bonds. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. Appellee sought validation of up to $12,-000,000 in special assessment bonds for the purpose of financing street and drainage improvements within a municipal service benefit unit (MSBU).
The trial court reviewed the applicable provisions of law,1 determined that all had been complied with, and validated the issuance of the bonds. The state attorney appeared in opposition, demanding strict proof of all allegations, but did not appeal the trial court judgment. Appellants, who are property owners within the MSBU, did not become parties to the action but nevertheless seek to intervene and appeal the judgment. The thrust of their pro se argument is that the street and drainage improvements are not needed and that they and other similarly situated property owners cannot afford the special assessments. The questions raised by appellants are essentially political questions which fall exclusively within the power of the Board of County Commissioners. § 125.01(l)(q), Fla.Stat. (1987) (county has authority to establish municipal service units for streets and drainage from funds derived from special assessments); DeSha v. City of Waldo, 444 So. 2d 16, 18 (Fla. 1984) (“Our review is limited to the questions of ‘whether the issuing body has the power to act and whether it exercised that power in accordance with law.’ Town of Medley v. State, 162 So. 2d 257, 259 (Fla. 1964).”).
We affirm the trial court judgment validating the bonds.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur. . Ch. 75, Fla.Stat. (1987), and ch. 125, pt. I, Fla.Stat. (1987).
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Gargano v. Lee Cnty. Bd. of Cnty. Comm'rs, 921 So. 2d 661 (Fla. 2d DCA 2006)…such steps. It is well established that decisions concerning the maintenance of and need to construct roadways, bridges, and other similar services are political questions outside the purview of the courts. See, e.g., Partridge v. St. Lucie County, 539 So. 2d 472 (Fla.1989). Even in the context of tort law, Florida has never recognized a duty, much less waived sovereign immunity, concerning such decisions. See Trianon Park Condo. Ass’n v. City of Hialeah, 468 So. 2d 912 (Fla.1985). Accordingly, although we r…
Authorities Cited
- Town OF Medley v. State, 162 So. 2d 257 (Fla. 1964)
- DeSHA v. City OF Waldo, 444 So. 2d 16 (Fla. 1984)