C. A. BOYNTON
v.
CITY OF SAFETY HARBOR
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This case involves an appeal from a decree that dismissed a complaint seeking to prevent the City of Safety Harbor from issuing revenue certificates for waterworks improvements. The core issue was whether freeholder elector approval was required for these certificates.
No, the approval of freeholder electors was not required for the issuance of these specific revenue certificates.
“This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Safety Harbor of $2,600.00 of "Waterworks Revenue Certificates" for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city as is required by Section 6, Article IX of the Constitution [*144] of Florida as amended in 1930.”
This quote describes the core of the case and the relief sought by the appellant.
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Join FLexlaw to unlock all legal intelligenceThe City of Safety Harbor planned to issue $2,600.00 in "Waterworks Revenue Certificates" to fund additions and improvements to its existing waterwork…
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— This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Safety Harbor of $2,600.00 of “Waterworks Revenue Certificates” for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city as is required by Section 6, Article IX of the Constitution *144of Florida as amended in 1930. The revenue certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and otherwise.
The decree should be affirmed on the authority of State, ex rel., v. City of Miami, 113 Fla. 280, 152 So. 6, State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Boykin v. Town of River Junction, filed July 17, 1936; Williams v. Town of Dunnellon, and Bradley v. City of Homestead, decided at this term.
Affirmed.
Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.
concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.
Ellis, P. J.,
concurs upon the principle announced in his specially concurring opinion in the case of State, ex rel. City of Vero Beach, v. MacConnell, this day filed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)…51, 169 Sou. Rep. 657; Roach v. City of Tampa, 125 Fla. 62, 169 Sou. Rep. 627; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 Spu. Rep. 643; Taylor v. City of Miami, 125 Fla. 144, 169 Sou. Rep. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 Sou. Rep. 644; Pente [*582] cost v. City of Fort Myers, 125 Fla. 152, 169. Sou. Rep. 645; State, ex rel. City of Arcadia, v. Daniel, 125 Fla. 151, 169 Sou. Rep. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 Sou. Rep. 646; Blocker v. City of…1 / 2
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota, v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of St. Augustine, 125 Fla. 173, 169 So. 648; State v…1 / 2
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State v. City of DeLand, 135 Fla. 540 (Fla. 1938)…5 Fla. 149, 169 So. 641; May Land Co. v. City of Ft. Lauderdale, 125 Fla. 146, 169 So. 642; State, ex rel. City of Sarasota v. Richards, 125 Fla. 145, 169 So. 643; Taylor v. City of Miami, 125 Fla. 144, 169 So. 644; Boynton v. City of Safety Harbor, 125 Fla. 143, 169 So. 644; Pentecost v. City of Ft. Myers, 125 Fla. 152, 169 So. 645; Airth v. City of Live Oak, 125 Fla. 155, 169 So. 646; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. City of St. Augustine, 125 Fla. 173, 169 So. 648; State v…1 / 2
Authorities Cited
- State & Joseph S. Diver v. City of Miami, 113 Fla. 280 (Fla. 1933)
- State v. City of Daytona Beach, 118 Fla. 29 (Fla. 1934)
- Stewart v. City of DeLand, 117 Fla. 705 (Fla. 1934)