CARY A. HARDEE, ERNEST AMOS, JOHN C. LUNING, RIVERS H. BUFORD AND W. A. MCRAE, AS THE BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT, PLAINTIFFS IN ERROR,
v.
STATE OF FLORIDA EX REL. H. N. GAINES, J. M. CROMER, GUS JORDAHN, GEO. A. LONG AND HESTOR HARRIS, AS COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, DEFENDANTS IN ERROR
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This case concerns whether a state board, acting under statutory authority, can be compelled by mandamus to build a more substantial bridge over a canal it constructed. The court held that mandamus was inappropriate because the duty to build the specific bridge was not clearly established by statute.
No, a writ of mandamus cannot compel a state board to perform a duty that is not clearly established by statute. The court found that the duty to build the specific bridge in question was not clearly conferred upon the Board by the relevant statutes.
“While mandamus may be invoked to compel a corporate entity to perform a specific legal duty to the public, the duty must clearly appear and the relator must show a right to the writ.”
Establishes the general requirement for mandamus.
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Join FLexlaw to unlock all legal intelligenceThe Board of Commissioners of the Everglades Drainage District, a state entity, constructed a lock and bridge over a canal that intersected a public h…
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Whitfield, J.-
-A writ of error was taken to a peremptory writ of mandamus issued by tbe Circuit Judge to the “Board of Commissioners of the Everglades Drainage District,” a State corporate entity, commanding the Board to build, construct and complete a subsantial, sufficient, and adequate bridge or other proper crossing, upon, over and across the State Drainage Canal known as the “West Palm Beach Canal,” at a place where the canal intersects and crosses a public highway.
It appears that acting under statutory authority, Chapter 7944, Acts of 1919, the State Board constructed a lock in a canal for public purposes which intersected the highway, and the Board built a bridge over the canal that has been used by the public as a part of the highway. The purpose of the writ is to require the State Board 'to erect a more substantial bridge for highway purposes over the canal.
While mandamus may be invoked to compel a corporate entity to perform a specific legal duty to the public, the duty must clearly appear and the relator must show a right to the writ. State ex rel. Ellis v. Atlantic Coast Line R. Co., 53 Fla. 650, 44 South. Rep. 213, 13 L. R. A. (N. S.) 320.
The State officials who comprise the State Board of Commissioners of Evergládes Drainage District have by statute stated corporate functions and authority; and their duties are confined to the limits of the statutory powers conferred "upon.them.
As the specific "duty here sought to be enforced does hot-appear expressly or by fair implication from the statutory powers conferred, and as the: State officials'as such corpor ate entity represent the State and have their authority and duties prescribed by statute and not by the principles of the common law, the act commanded by the writ does not clearly appear to be among their duties that may be enforced by mandamus, even if the relators otherwise would be entitled to the writ.
The motion to quash the alternative writ should have been granted, therefore the judgment awarding a peremptory writ of mandamus is reversed.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Carey, 121 Fla. 515 (Fla. 1935)…been established; the legal right of a relator to the performance of the particular act of which performance is sought to be compelled must be clear and complete.” 38 C. J. 532; Welch v. State, 85 Fla. 264, 95 So. 751; Hardee v. State, 83 Fla. 544, 91 So. 909; Myers v. State, 81 Fla. 32, 67 So. 80. In view- of the admission made in the alternative writ of mandamus that the bonds of Duval County, and its taxing districts, were issued prior to the adoption of the constitutional amendment exempting homeste…
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State v. Fuller, 133 Fla. 554 (Fla. 1938)…53 [*559] Fla. 650, 44 So. 213, 13 L. R. A. (N. S.) 320; 12 Ann. Cas. 359; State v. Amos, 100 Fla. 1335, 131 So. 122. ‘‘See also: State v. Helseth, 104 Fla. 208, 140 So. 655; State v. Jordan, 105 Fla. 322, 140 So. 908; Hardee v. State, 83 Fla. 544, 91 So. 909.” The charter power of the City of Miami to adopt or enact Ordinance No. 1288 is Chapter 16664, Laws of Florida, Acts of 1935. Section 17 of Ordinance No. 1288 provides that no liquor shall be sold within 300 feet of any Church or school. The motio…
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Amos v. Knott, 99 Fla. 65 (Fla. 1930)…ernmental scheme and has from time to time received the imprimatur of this Court, Whitaker v. Parsons, supra, which we think fully answers this phase of the case. See also Lainhart v. Catts, 73 Fla. 735, 75 So. R. 47; Hardee v. State ex rel. Gaines, 83 Fla. 544, 91 So. R. 909. The Trustees of the Internal Improvement Fund, Board of Commissioners of Everglades Drainage District, Okeechobee Flood Control District, the Railroad Assessment Board, the Pension Board, Insurance Commissioner, the “Blue Sky” Board,…
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- The State of Fla. ex rel. W. H. Ellis v. Atl. Coast Line R.R. Co., 53 Fla. 650 (Fla. 1907)