R. C. VORHEES
v.
CITY OF MOORE HAVEN, ET AL.

Fla. | 1936-08-03
Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.
125 Fla. 149 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 641
Cited by 15 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court affirmed a lower court's dismissal of a bill of complaint seeking to enjoin the issuance of waterworks revenue certificates. The court held that these certificates, payable solely from the revenue of the waterworks system, did not require a freeholder election.

Holding

No, the issuance of Waterworks Revenue Certificates, payable solely from the revenue of the waterworks system, does not require an approving vote of the freeholder electors.

Key Quotes

“This is an appeal from a decree dismissing a bill of complaint seeking to enjoin the issue of $19,000.00 "Waterworks Revenue Certificates" by the City of Moore Haven, Florida, without an approving vote of the freeholder electors of the City, as' required by Section 6, Article IX/ Constitution, the purpose of the issue being for improvements and additions to the existing Municipal Waterworks System of the City of Moore Haven.”

Describes the nature of the appeal and the relief sought by the plaintiff.

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Facts & Procedural History

The City of Moore Haven proposed to issue $19,000.00 in Waterworks Revenue Certificates for improvements to its municipal waterworks system. These cer…

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Topics
Injunction

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Opinion of the Court
Per Curiam.

Per Curiam.

— This is an appeal from a decree dismissing a bill of complaint seeking to- enjoin the issue of $19,000.00 “Waterworks Revenue Certificates” by the City of Moore Haven, Florida, without an approving vote of the freeholder electors of the City, as' required by Section 6, Article IX/ Constitution, the purpose of the issue being for improvements and additions to the existing Municipal Waterworks System of the City of Moore Haven.

• The Waterworks Revenue Certificates are to be paid solely from the revenue derived from the operation of the said Waterworks System and not otherwise.

The decree dismissing the bill of complaint should be affirmed upon the authority of State, ex rel., v. City of Miami, *150113 Fla. 280, 152 So. 6, and other similar cases. See also Williams v. Town of Dunnellon, and Bradley v. City of Homestead, Boykin v. Town of River Junction, decided at this term.

Affirmed.

Whitfield, C. J., Terrell, Brown, Buford and Davis, J. J., concur.

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.

Concurrence
Ellis, P. J.,

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

  • Spearman Brewing Co. v. The City of Pensacola, 136 Fla. 869 (Fla. 1939)
    …self, or obligate the taxing power or revenues of the city derived from other sources.” See State v. City of Daytona Beach, 118 Fla. 29, 158 South. Rep. 300, text 304. This was likewise the decision in Voorhees v. City of Moore Haven, 125 Fla. 149, 169 South. Rep. 641, and State v. City of St. Augustine, 125 Fla. 173, 169 South. Rep. 648. In Roach v. City of Tampa, 125 Fla. 62, 169 South. Rep. 627, the same principle was applied, although in that case the property involved was a hospital. As in the others, there…
  • Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)
    …. Rep. 366; Boykin v. Town of River Junction, 124 Fla. 827, 169 Sou Rep. 492; Williams v. Town of Dunnellon, 125 Fla. 114, 169 Sou. Rep. 631; Taachy v. City of Wauchula, 125 Fla. 150, 169 Sou. Rep. 640; Voorhees v. City of Moore Haven, 125 Fla. 149, 169 Sou. Rep 641; State, ex rel. City of Vero Beach v. MacConnell, 125 Fla. 251, 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 Fl…
  • State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)
    …ach, v. McConnell, 125 Fla. 130, 169 So. 628. The following cases also support this view: Patton v. Panama City, et al., 125 Fla. 140, 169 So. 638; Teachy v. City of Wauchula, 125 Fla. 150, 169 So. 640; Voorhees v. City of Moore Haven, 125 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.…

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