STATE OF FLORIDA, APPELLANT,
v.
CITY OF BROOKSVILLE, A MUNICIPAL CORPORATION, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree regarding the charter of the City of Brooksville, finding no conflict between its charter and a general state statute. The court distinguished this case from a prior ruling where a city charter was found to conflict with a general law.
No, the charter of the City of Brooksville does not conflict with the general statute. The court found no demonstrated conflict and noted that the charter explicitly grants the city council all powers granted under general statutes.
“The sole question raised here is whether or not Chapter 10354, Acts of 1925, Laws of Florida, the same being the charter of the City of Brooksville, appellee, is in conflict with Chapter 9298, Acts of 1923, Laws of Florida, the same being intended as an additional and supplemental method of procedure for the benefit of all cities, towns, and municipal corporations in this State.”
States the central legal question of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe State of Florida appealed a decree concerning the charter of the City of Brooksville, enacted via Chapter 10354, Acts of 1925. The appeal centered…
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Per Curiam.
The sole question raised here is whether or not Chapter 10354, Acts of 1925, Laws of Florida, the same being the charter of the City of Brooksville, appellee, is in conflict with Chapter' 9298, Acts of 1923, Laws of Florida, the same being intended as an additional and supplemental method of procedure for the benefit of all cities, towns, and municipal corporations in this State.
Appellant grounds his appeal on the decision of this Court in the City of Apalachicola v. State, 93 Fla., 921, 112 So. R. 618. In the Apalachicola case it was' found that the provisions of the city charter were in direct conflict with Chapter 9298, Acts of 1923, and the city charter being a local law governing the subject matter under the terms of the constitution repealed said Chapter 9298, Acts of 1923, In the instant case it is not shown that Chapter 10354, Acts of 1925, is in conflict with Chapter 9298, Acts of 1923, but Sec. 24 provides that the “Council shall have in addition to the powers given them by this Act all the powers given to towns and cities under the general statutes of the State of Florida.”
We, therefore, by virtue of the terms of Chapter 10354, Acts of 1925, and on authority of Abel v. Town of Boynton, decided by this Court May 30, 1928, affirm the decree of the chancellor. Affirmed.
Whitfield, "P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
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Sullivan v. City of Tampa, 134 So. 211 (Fla. 1931)…nder general law. There is therefore *Page 307 no such inconsistency as is contended for, as the special act preserves the City's right to issue refunding bonds in accordance with the provisions of the general laws. See State v. City of Brooksville, 96 Fla. 141, 118 So. 13, and Abell v. Town of Boynton, 95 Fla. 984, 117 So. 507. The provisions in Sec. 10 of Chap. 14420 are stronger than those contained in Sec. 24 of Chap. 10354, construed in the Brooksville case. The intent of Sec. 10 of Chap. 14420 was ev…
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City of Lake Alfred v. Lawless, 102 Fla. 84 (Fla. 1931)…constitution “applicable” to the city of Lake Alfred when the bonds were issued. See Abell v. Town of Boynton, 95 Fla. 984, 117 So. 507; City of St. Petersburg v. Pinellas County Power Co., 87 Fla. 315, 100 So. 509. In State v. City of Brooksville, 96 Fla. 141, 118 So. 13, the subsequent local or special law, Chapter 10354, Acts of 1925, conferred upon the city of Brooksville “all the powers given to towns and cities -under the general laws of the State”, Which included the powers conferred by Chapter 929…
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St. Clair Davant v. The City of Brooksville, 107 Fla. 292 (Fla. 1932)…d a demurrer to the bill, and from an order overruling this demurrer, defendant Davant appealed. Questions one to four, presented in appellant’s brief, resolve themselves into the one question settled by this Court in State vs. City of Brooksville, 96 Fla. 141, 118 So. 13, holding that the charter of the City of Brooksville, known as chapter 10354, Acts of 1925, is not in conflict with chapter 9298, Acts of 1923, which provides a supplemental, additional and alternative method of procedure for the benefit…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The City of Apalachicola v. State, 93 Fla. 921 (Fla. 1927)