ALBERT L. MOORE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• City OF Temple Terrace v. Hillsborough Ass'n FOR Retarded Citizens, Inc., 322 So. 2d 571 (Fla. 2d DCA 1975)
  …tate ex rel. Helseth v. DuBose, supra, as having utilized a “balancing-of-public-interest test” and decided to adopt that criterion. That same court more recently reaffirmed its position in Palm Beach County v. Town of Palm Beach, Fla.App.4th, 1975, 310 So. 2d 384, by directing the application of a “balancing-of-competing interest test” to determine whether Palm Beach County would be entitled to use certain property in the Town of Palm Beach as an oceanfront beach and recreational facility in violation of the…
• State v. City OF Riviera Beach, 397 So. 2d 685 (Fla. 1981)
  …r governmental unit, where one governmental unit seeks to utilize property within the geographical limits of a different governmental unit without regard to the so-called governmental-proprietary distinction. Palm Beach County v. Town of Palm Beach, 310 So. 2d 384 (Fla. 4th DCA 1975). Section 159.29 of the Acts says that in undertaking a project the local agency shall be guided by and shall observe the four criteria and requirements set forth in' the section. It provides that the determination of compliance…
• Pal-Mar Water Mgmt. Dist. v. Martin Cnty., 377 So. 2d 752 (Fla. 4th DCA 1979)
  …dopted the “balancing of competing interests” test, sometimes referred to as the “balancing of public interests” test. Orange County v. City of Apopka, 299 So. 2d 652 (Fla. 4th DCA 1974). This was followed in Palm Beach County v. Town of Palm Beach, 310 So. 2d 384 (Fla. 4th DCA 1975); City of Temple Terrace, supra; and Village of North Palm Beach v. School Board, 349 So. 2d 683 (Fla. 4th DCA 1977). The rule is therefore well established that the test applies in those instances when one government proposes act…

Authorities Cited

• Wilson v. State, 304 So. 2d 119 (Fla. 1974)
• Bunch v. State, 303 So. 2d 705 (Fla. 1st DCA 1974)