TRUSTEES OF SPECIAL TAX SCHOOL DISTRICT NO. 1, LEON COUNTY ET AL., APPELLANTS,
v.
J. STEWART LEWIS, APPELLEE
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The Florida Supreme Court affirmed an order granting a temporary restraining order, holding that Trustees of a Special Tax School District lacked the authority to lease school property for private entertainment purposes.
No, the Trustees only have supervisory authority over schools and do not possess the right to lease school property for private purposes.
“The title to the land and the building is vested in the board of public instruction of the county, and the statutory authority of the Trustees of the Special Tax School District with reference to schools in the district is not of control, but of supervision only, and does not include a right in the Trustees to make the lease of the school property of the county involved in this controversy.”
This quote explains the court's reasoning regarding the limited authority of the Trustees.
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Join FLexlaw to unlock all legal intelligenceThe Trustees of a Special Tax School District entered into a contract to lease the school's auditorium for private entertainments, such as moving pict…
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Per Curiam.
This appeal is from an order granting a temporary restraining order enjoining the use of the auditorium in a public school building in the Special Tax School District by private parties for entertainments, such as exhibitions of moving pictures, etc., under a contract made with the Trustees of the Special Tax School District.
The title to the land and the building is vested in the board of public instruction of the county, and the statutory authority of the Trustees of the Special Tax School District with reference to schools in the district is not of control, but of supervision only, and does not include a right in the Trustees to make the lease of the school property of the county involved in this controversy. No authority in the Trustees to make the lease is made to appear. See Special Tax School District v. Dade County Board, 61 Fla. 798, 54 South. Rep. 265.
The order appealed from is affirmed.
Whitfield, C. J. and Taylor, Shackleford, Cockrell and Hocker, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Blake, 110 Fla. 178 (Fla. 1933)…function without the approval of the county board of public instruction. In fine, the statutory powers of trustees of special tax school districts are “not those of control but of supervision only.” Trustees of Special Tax School District v. Lewis, 63 Fla. 691, 57 So. 614. Under the direction of the county board of public instruction they are supervisors or overseers of the schools within the district, they are required to report to the county board of public instruction, they have strictly no independent…
Authorities Cited
- Special Tax Sch. Dist. No. 1 v. The Dade Cnty. Bd. of Pub. Instruction, 61 Fla. 798 (Fla. 1911)