H. F. AIRTH
v.
CITY OF LIVE OAK, ET AL.

Fla. | 1936-08-03
Whitfield, C. J., and Terrell, Brown, Buford and Davis, J. J., concur.
125 Fla. 155 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 646
Cited by 11 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 Water Revenue Certificates. The court held that these certificates, payable solely from the revenue of the waterworks system, do not require a vote of freeholder electors.

Holding

No, the issuance of Water Revenue Certificates, payable solely from the revenues 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 $37,000.00 of Water Revenue Certificates by the City of Live Oak, Florida, without an approving vote of the freeholder elect-tors of the City as required by Section 6, Article IX, of the Constitution, of Florida, as amended in 1930, the purpose of the issue being for improvements to the existing waterworks system of the City of Live Oak.”

Describes the nature of the appeal and the core issue regarding the requirement of a freeholder vote.

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Facts & Procedural History

The City of Live Oak proposed to issue $37,000.00 in Water Revenue Certificates for improvements to its waterworks system. These certificates were to …

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Topics
Revenue Bonds 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 $37,000.00 of Water Revenue Certificates by the City of Live Oak, Florida, without an approving vote of the freeholder elect-tors of the City as required by Section 6, Article IX, of the Constitution, of Florida, as amended in 1930, the purpose of the issue being for improvements to the existing waterworks system of the City of Live Oak.

The Water 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, *156113 Fla. 280, 52 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 200; Boykin v. Town of River Junction; State, ex rel. City of Vero Beach, v. MacConnell; Williams v. Town of Dunnellon; Bradley v. City of Homestead and other like cases filed at this term.

Affirmed.

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

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brooks v. City of Jacksonville, 127 Fla. 564 (Fla. 1937)
    …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. 173, 169 Sou. Rep. 648; State v. City of Fort Pierce, 126…
  • State v. City of Pensacola, 135 Fla. 239 (Fla. 1938)
    …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 Jacksonville, 127 Fla. 564, 173 [*242] So. 365, State v. Ci…
  • State v. City of DeLand, 135 Fla. 540 (Fla. 1938)
    …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 Jacksonville, 127 Fla. 564, 173 So. 365; State v. City of H…

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