A. YANCY TEACHY
v.
CITY OF WAUCHULA, ET AL.
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The Florida Supreme Court affirmed a lower court's dismissal of a complaint seeking to enjoin the issuance of waterworks revenue certificates. The court held that freeholder approval was not required for certificates paid solely from system revenues.
No, the approval of freeholder electors is not required for the issuance of revenue certificates that are to be paid solely from the revenues derived from the operation of the waterworks system.
“This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Wauchula, Florida, of $19,000.00 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 of Florida, as amended in 1930.”
Describes the nature of the appeal and the relief sought by the appellant.
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Join FLexlaw to unlock all legal intelligenceThe City of Wauchula planned to issue $19,000.00 in Waterworks Revenue Certificates to improve its existing waterworks system. These certificates were…
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— This' appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the City of Wauchula, Florida, of $19,000.00 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 of Florida, as amended in 1930. The revenue certificates *151are to be paid solely from the revenue derived from the operation of the said waterworks system and not 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)…69 Sou. Rep. 356; Hygema v. City of Sebring, 124 Fla. 683, 169 Sou. 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,…
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…n, 125 Fla. 114, 169 So. 631; State, ex rel. City of Vero Beach, 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. 6…
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State v. City of DeLand, 135 Fla. 540 (Fla. 1938)…is accordingly die judgment of this Court that the final decree appealed from was correct and is supported by the following decisions of this Court: Patton v. Panama City, et al., 125 Fla. 140, 169 So. 638; Teachy v. City of Wauchula, 125 Fla. 150, 169 So. 640; Vorhees 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…
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)