STATE, EX REL. CITY OF ARCADIA,
v.
LEE O. DANIEL, AS CITY RECORDER
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This case involves a mandamus action concerning improvements to a municipal waterworks system. The Florida Supreme Court applied the same legal principles as in prior cases involving improvements to electric light plants and municipal hospitals, denying a motion to quash the alternative writ of mandamus.
Yes, the legal principles are applicable. The court held that the prior rulings on municipal improvements were controlling in this case.
“This case is in all respects like the case which we had under consideration entitled Boykin v. Town of River Junction, in which opinion was filed here on the 17th day of July, 1936, 124 Fla. 827, 169 So. 492, the case of Roach v. City of of Tampa, et al., opinion filed at this Term of the Court, 124 Fla. 62, 169 So. 627, except that in the River Junction case there was involved in addition to, and betterment of, an electric light plant, and in the City of Tampa case, supra, there was involved improvements and [*152] addition, to a municipal hospital, while in the instant case the improvements and betterments involved are to be made to a waterworks system.”
Establishes the factual and legal similarity to prior cases.
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Join FLexlaw to unlock all legal intelligenceThe City of Arcadia sought an alternative writ of mandamus to compel the City Recorder to perform certain duties related to improvements and bettermen…
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— This case is in all respects like the case which we had under consideration entitled Boykin v. Town of River Junction, in which opinion was filed here on the 17th day of July, 1936, 124 Fla. 827, 169 So. 492, the case of Roach v. City of of Tampa, et al., opinion filed at this Term of the Court, 124 Fla. 62, 169 So. 627, except that in the River Junction case there was involved in addition to, and betterment of, an electric light plant, and in the City of Tampa case, supra, there was involved improvements and *152addition, to a municipal hospital, while in the instant case the improvements and betterments involved are to be made to a waterworks system.
In this case alternative writ of mandamus was issued. To the writ motion to quash was interposed and briefs filed by the respective parties.
The legal principles enunciated in the case of Boykin v. Town of River Junction are applicable here and, on authority of the judgments and opinions in those cases, the motion to quash the alternative writ of mandamus is denied and, unless return be made within five (5) days from the entry of this order, peremptory writ of mandamus will issue.
Whitfield, C. J., and Ellis, Brown, Buford and Davis, J. J., concur.
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)…. 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 St. Petersburg, 125 Fla. 156, 169 Sou. Rep. 647; City of Clearwater v. Green, 125 Fla. 157, 169 Sou. Rep. 647; State v. City of St. Augustine, 125 Fla…
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State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)…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. City of Ft. Pierce, 126 Fla. 184, 170 So. 742; Brooks v. City of Jacks…
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State v. City of DeLand, 135 Fla. 540 (Fla. 1938)…Fla. 827, 169 So. 492; Williams v. Town of Dunnellon, 125 Fla. 114, 169 So. 631; State, ex rel. City of Vero Beach, v. McConnell, 125 Fla. 251, 169 So. 628; Roach v. City of Tampa, 125 Fla. 62, 169 So. 627; State, ex rel. City of Arcadia, v. Daniel, 125 Fla. 151, 169 So. 645; Blocker v. City of St. Petersburg, 125 Fla. 156, 169 So. 647; City of Clearwater v. Green, 125 Fla. 157, 169 So. 647; State v. Plant City, 127 Fla. 495, 173 So. 363; State v. City of Pensacola, filed November 29, 1938. It is therefore…1 / 2
Authorities Cited
- Boykin v. Town of River Junction, 124 Fla. 827 (Fla. 1936)
- Roach v. City of Tampa, 125 Fla. 62 (Fla. 1936)