WALTER HYGEMA
v.
CITY OF SEBRING; M. F. MCGEE, AS MAYOR OF SAID CITY; C. E. WEAVER, AS PRESIDENT OF THE COUNCIL; B. R. BURNS, J. F. SPOONER, M. W. BAKER, AND GEORGE E. SEBRING, JR., AS COUNCILMEN, AND EDWARD HASTI, AS CLERK OF SAID CITY
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The Florida Supreme Court reversed a lower court's dismissal of a complaint seeking to stop the City of Sebring from constructing a gas plant and distribution system. The Court found the case controlled by a prior decision regarding similar financing.
The Court held that the City of Sebring could not proceed with the project unless and until the proposed certificate was approved under the provisions of amended Section 6 of Article IX of the Constitution.
“the principles of law involved are the same, and the case is controlled by the opinion and decision in the case of Kathleen Citrus Land Company, Appellant, v. City of Lakeland, et al., Appellees, this day decided, and upon the authority of which decision the order of the Chancellor in this case is hereby reversed”
This quote establishes that the current case's outcome is dictated by a prior, similar case decided by the same court.
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Join FLexlaw to unlock all legal intelligenceThe City Council of Sebring proposed to construct a gas plant and distribution system, financing it through debentures payable solely from the revenue…
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This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, after a careful reading and inspection of the record it appears to the Court that the City Council of the City of Sebring, purporting to act *684under the authority of Chapter 17118, Laws of Florida, 1935, proposed a construction of a gas plant and distribution system and the financing of the cost thereof from the issuance of debentures payable solely from the revenue of such proposed gas plant and distribution system.
The Circuit Court granted the appellee’s motion to dismiss the bill of complaint which sought to restrain the city from proceeding with the project. After a careful consideration of the record it is decided by the Court that the principles of law involved are the same, and the case is controlled by the opinion and decision in the case of Kathleen Citrus Land Company, Appellant, v. City of Lakeland, et al., Appellees, this day decided, and upon the authority of which decision the order of the Chancellor in this case is hereby reversed with direction to grant injunction unless and until the certificate proposed to be issued shall have been approved under the provisions of amended Sec. 6 of Article IX of the Constitution.
Reversed.
Whitfield, C. J., and Ellis, Terrell, Buford and Davis, J. J., concur.
Brown, J., dissents.
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Williams v. The Town of Dunnellon, 125 Fla. 114 (Fla. 1936)…tricts and municipalities. Herbert v. Thursby, 112 Fla. 826, 131 So. 385; Boykin v. Town of River Junction, 121 Fla. 902, 164 So. 558; Kathleen Citrus Land Co. v. City of Lakeland, 124 Fla. 659, 169 So. 356; Hygeman v. City of Sebring, 124 Fla. 683, 169 So. 366; Leon County v. State, 122 Fla. 505, 165 So. 666. State bonds can be issued only for repelling invasion or suppressing insurrection. If a reasonable doubt exists as to whether an, existing public facility to be improved or extended is essential to…
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State v. City of Tampa, 137 Fla. 29 (Fla. 1939)…er to enact Chapter 17118, supra. See State v. City of Plant City, 127 Fla. 495, 173 So. 363; Davis v. City of Melbourne, 126 Fla. 282, 170 So. 836; State v. Town of River Junction, 125 Fla. 267, 169 So. 676; Hygema v. City of Sebring, 124 Fla. 683, 169 So. 366; State v. City of Clearwater, 135 Fla. 112, 184 So. 675. Chapter 16462, Special Acts of 1933, Laws of Florida, created the Suburbs Beautiful Special Sanitary District and the same was amended by Chapter 17553', Special Acts of 1935, and further ame…
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Hollis Flint v. Duval Cnty., 126 Fla. 18 (Fla. 1936)…th State projects. In such State cases the doubt is resolved in favor of the authority conferred by the statute to issue revenue certificates. See Williams v. City of Dunnellon, 125 Fla. 114, 169 So. 631. In Hygema v. City of Sebring, 124 Fla. 683, 169 So. 366, there was no utility in the city of a similar character to the then proposed project; and being a new kind of utility in the city, it might impose upon the city contingent liabilities of contract and tort not theretofore assumed by the city by [*47…
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