GAUTIER, ET AL
v.
CITY OF NORTH MIAMI BEACH, ET AL.
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.
In a quo warranto proceeding, the court ousted the City of North Miami Beach from jurisdiction over certain lands belonging to the relators, declaring unconstitutional the legislative acts that extended the city's corporate boundaries to include the disputed property.
The court held that the City of North Miami Beach must be ousted from all jurisdiction and authority over the relators' lands, and declared the legislative acts extending the city's boundaries to be unconstitutional and void as applied to the corelators' property.
“the respondent, the city of North Miami Beach, in the exercise of its powers and franchise of a municipality, be and it is hereby ousted from all jurisdiction and authority over the lands of the corelators”
Establishes the primary remedy granted—ouster of the city from jurisdiction over the disputed lands.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe relators (Gautier et al.) owned approximately 20 acres of land described by specific legal descriptions in Section 3, Township 52 South, Range 42 …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Municipal Incorporation cases and more on FLexlaw
This cause coming before me to be heard on an information in quo warranto and the respondent having disclaimed any interest in the lands involved in this cause, the court, being fully advised in the premises, finds that it has jurisdiction of the parties hereto and the subject matter hereof.
It is therefore ordered and adjudged that the respondent, the city of North Miami Beach, in the exercise of its powers *74and franchise of a municipality, be and it is hereby ousted from all jurisdiction and authority over the lands of the corelators, legally described as follows:
Wy½ of SE¼ of NE¼ of SW¼, Section 3, Township 52 South, Range 42 East; containing 5.07 acres more or less;
also:
E½ of SE¼ of NE¼ of SW¼, Section 3, Township 52 South, Range 42 East containing 5.07 acres more or less;
also:
S 125 feet of N Yz of NE% of SE% of SW%.; and
S½ of NE¼ of SE¼ of SW¼; and SE¼ of SE¼ of SW¼. of Section 3, Township 52 South, Range 42 East; containing 10 acres more or less.
It is further ordered and adjudged that the acts of the legislature incorporating the city of North Miami Beach, chapter 15223, Laws of Florida 1931, and the amending chapter 19846, Laws of Florida 1939, wherein the corporate boundaries of the city were extended to include the property of the co-relators, be and the same are hereby declared unconstitutional and void so far as the lands of the co-relators are concerned.
It is further ordered and adjudged that this order is made without prejudice to the rights, if any, of the holders of all municipal bonds of the city of North Miami Beach whose bonds were issued during the time the lands of the co-relators remained within the corporate limits of the municipality.