CLARK MERRILL ET AL., APPELLANTS,
v.
COUNTY OF DADE, APPELLEES
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In this direct appeal, the Florida Supreme Court upheld the Circuit Court's validation of $553.1 million in Dade County general obligation bonds that were approved by voters in a special election on November 7, 1972. The Court rejected all objections raised by the appellants challenging the legality of the bond issues.
The circuit court's judgment validating all the bond issues was affirmed. The Court found that the appellants' objections to the bonds were without merit.
[1] A county board of commissioners may adopt a resolution providing for a special bond election to consider multiple bond proposals.
[2] General obligation bonds may be issued by a county for purposes including sanitary sewerage systems, unified transportation systems, street and safety improvements, solid…
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Join FLexlaw to unlock all legal intelligence“We have carefully weighed the objections raised by the Appellants and have found the same to be without merit.”
The Court's rationale for affirming the lower court's validation of the bonds without detailed analysis of the specific objections.
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Join FLexlaw to unlock all legal intelligenceOn October 4, 1972, the Dade County Board of Commissioners adopted Resolution No. R-1466-72 providing for a special bond election on November 7, 1972.…
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This cause is before us on direct appeal to review the decision of the Circuit Court, Dade county, validating several Dade County bond issues in the total amount of $553,100,000.0o.1 The Court found that on October 4, 1972, the Board of Commissioners of Dade County adopted Resolution No. R-1466-72 providing for the holding of a special bond election on November 7, 1972, to consider the following bond proposals :
“Ordinance No. 72-63
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $50,000,000 general obligation bonds of the County of Dade, Florida, for providing sanitary sewerage systems and providing an effective date;
“Ordinance No. 72-64
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $132,500,000 general obligation bonds of the County of Dade, Florida, for providing a unified transportation system and providing an effective date;
“Ordinance No. 72-65
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $113,500,000 general obligation bonds of the County of Dade, Florida, for providing street and safety improvements and providing an effective date;
“Ordinance No. 72-66
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $50,000,000 general obligation bonds of the County of Dade, Florida, for providing solid waste disposal facilities and providing an effective date;
“Ordinance No. 72-67
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $34,700,000 general obligation bonds of the County of Dade, Florida, for constructing and improving public library buildings in the County Public Library System and providing an effective date;
“Ordinance No. 72-68
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $88,600,000 general obligation bonds of the County of Dade, Florida for providing health *785care facilities and providing an effective date;
“Ordinance 72-69
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $75,800,000 general obligation bonds of the County of Dade, Florida, for providing health care facilities and providing an effective date;
“Ordinance 72-72
“Ordinance authorizing the issuance subject to the election herein provided for, of not exceeding $8,000,000 general obligation bonds of the County of Dade, Florida, for providing a zoological park and providing an effective date.” •
All of the foregoing bond proposals were duly approved by the electorate in the special bond election of November 7, 1972.2
We have carefully weighed the objections raised by the Appellants and have found the same to be without merit. Accordingly, the judgment of the lower court, validating the bonds in question, is affirmed.
It is so ordered.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, McCAIN and DEKLE, JJ-, concur.
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Stop Transit Over People, Inc. v. Bd. OF Cnty. Comm'rs OF Dade Cnty., 347 So. 2d 842 (Fla. 3d DCA 1977)…view of bond issues where there has been a court determination upholding the validity of such an issue. Since the Supreme Court of Florida had affirmed the validity of the “Decade of Progress” General Obligation Bond Issue in Merrill v. Dade County, 277 So. 2d 783 (Fla.1973), the trial court held that it had no jurisdiction to hear this new challenge to the bond issue. However, the court specifically found that the proposed use of the bond proceeds was “within the scope of the project authorized by the voters…