Public Purpose Doctrine

200 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Linscott v. Orange Cnty. Indus. Dev. Auth.
  443 So. 2d 97· Fla.· 1983-12-22 ·cited 23×
  The Florida Supreme Court upheld the validity of industrial development revenue bonds issued by Orange County to finance a regional headquarters facility for an insurance company, holding that non-recourse revenue bonds do not pledge the public credit and that the project serves
• Wald v. Sarasota Cnty. Health Facilities Auth.
  360 So. 2d 763· Fla.· 1978-06-15 ·cited 23×
  The Florida Supreme Court affirmed the validation of revenue bonds issued by the Sarasota County Health Facilities Authority to finance improvements to Venice Hospital. The court held that health facility revenue bonds need not fall within the specifically enumerated categories o
• City of Daytona Beach v. King
  132 Fla. 273· Fla.· 1938-03-11 ·cited 23×
  The Florida Supreme Court reversed a judgment requiring Daytona Beach to pay $10,124.80 to E. L. King for taxes on a privately-owned golf course. The court held that the city lacked constitutional authority to use public funds to support a private golf course enterprise, and that
• Brest v. Jacksonville Expressway Auth.
  194 So. 2d 658· Fla. 1st DCA· 1967-01-19 ·cited 22×
  The Jacksonville Expressway Authority sought to condemn the appellant's property, but the court found that the true purpose was to relocate a private railroad's tracks rather than to construct the expressway itself. The court reversed the condemnation judgment, holding that takin
• Brandon v. Cnty. OF Pinellas
  141 So. 2d 278· Fla. 2d DCA· 1962-05-18 ·cited 22×
  The court held that the trial court properly dismissed the complaint because the contracts at issue served a valid public purpose and did not unlawfully pledge county credit.
• N. Palm Beach Cnty. Water Control Dist. v. State
  604 So. 2d 440· Fla.· 1992-06-16 ·cited 21×
  The Florida Supreme Court reversed a circuit court's refusal to validate revenue bonds for a water control district's on-site road improvements in a private development, holding that the bonds serve a valid public purpose and do not violate the state constitutional prohibition on
• Lomelo v. City OF Sunrise
  423 So. 2d 974· Fla. 4th DCA· 1982-12-08 ·cited 21×
  A municipal corporation has an implied duty to pay for legal defense of a public official when the conduct arises from official duties, even if not explicitly authorized by statute or charter.
• Bannon v. Port OF Palm Beach Dist.
  246 So. 2d 737· Fla.· 1971-03-31 ·cited 21×
  The Florida Supreme Court upheld a long-term lease between the Port of Palm Beach District and Peanut Island Properties, Inc., finding that the leased property constitutes a valid 'port facility' and that the Port had statutory authority to lease it to a private entity for develo
• The City OF Naples v. Conboy
  182 So. 2d 412· Fla.· 1965-10-13 ·cited 21×
  The Florida Supreme Court upheld a circuit court decision invalidating City of Naples contracts and ordinances that granted tax exemptions to residential developers. The court held that municipalities lack statutory authority to bind themselves by contract to exempt property from
• Stockman v. City of Trenton
  132 Fla. 406· Fla.· 1938-04-09 ·cited 21×
  J. B. Stockman appealed a judgment allowing foreclosure of special assessment liens for street improvements in Trenton, Florida. The Florida Supreme Court reversed, holding that the trial court erred in striking Stockman's affirmative defenses showing the improvements provided no
• City OF Miami v. Coconut Grove Marine Props., Inc.
  358 So. 2d 1151· Fla. 3d DCA· 1978-05-16 ·cited 20×
  The City of Miami condemned private property ostensibly for public park purposes under its 'Parks for People' bond program, but subsequently leased the property to private businesses and solicited bids for a private shopping mall development. The former owners sued for damages, c
• Frederika Blankner v. The City OF Chicago
  504 F.2d 1037· 7th Cir.· 1974-10-24 ·cited 20×
  The court held that a plaintiff denied a meaningful opportunity to contest the designation and taking of her property due to procedural delays has a right of action under 42 U.S.C. § 1983 for deprivation without due process.
• Gibson & Perin Co. v. City OF Cincinnati
  480 F.2d 936· 6th Cir.· 1973-06-26 ·cited 20×
  The court held that while plaintiffs may have suffered economic injury, the applicable statutes and case law do not permit a subsequent judicial remedy after legislative decisions.
• Olds v. Alvord
  139 Fla. 745· Fla.· 1939-06-20 ·cited 20×
  The Florida Supreme Court addresses whether it has authority to grant a rehearing and reconsider a case after issuing a mandate. The Court denies appellees' motions to set aside the December 6, 1938 order granting rehearing, holding that it is evenly divided on the question and t
• Page v. Fernandina Harbor Joint Venture
  608 So. 2d 520· Fla. 1st DCA· 1992-11-10 ·cited 19×
  The court affirmed a summary judgment declaring void the property appraiser's ad valorem tax assessments of marina improvements constructed by a private lessee on municipally-owned property. The court held that the improvements were owned by the municipality and were exempt from
• Orange Cnty. Indus. Dev. Auth. v. State
  427 So. 2d 174· Fla.· 1983-01-27 ·cited 19×
  The Florida Supreme Court rejected validation of industrial development revenue bonds for a television station expansion, holding that commercial television stations do not qualify as industrial or manufacturing plants under Florida law and that the project serves a paramount pri
• Markham v. State
  298 So. 2d 210· Fla. 1st DCA· 1974-08-01 ·cited 18×
  Markham, elected Tax Assessor after a contested election, sought to use public funds to pay attorney's fees incurred in defending the election contest itself. The court held that election contests are personal disputes between candidates, not official duties, and therefore attorn
• Martha Bright Farms, Inc. v. Broward Cnty. Port Auth.
  117 Fla. 361· Fla.· 1934-09-04 ·cited 18×
  The Florida Supreme Court upheld the validity of harbor bonds issued by Fort Lauderdale and Hollywood and assumed by Broward County Port District, rejecting taxpayers' claims that the bonds were issued for private purposes in violation of the Fourteenth Amendment. The court held
• Ellison v. Reid
  397 So. 2d 352· Fla. 1st DCA· 1981-04-08 ·cited 17×
  Public funds may be used to pay attorney fees for a public officer successfully defending charges of official misconduct if the alleged misconduct occurred while performing official duties and serving a public purpose.
• A.M. Jatoi v. Hurst-Euless-Bedford Hosp. Auth.
  807 F.2d 1214· 5th Cir.· 1987-01-14 ·cited 16×
  The court held that Dr. Jatoi's claims under 42 U.S.C. § 1981 and § 1985 were improperly dismissed and that the HEB Hospital Authority's actions could constitute state action for a § 1983 claim.
• Murray Zedeck v. Indian Trace Cmty. Dev. Dist.
  428 So. 2d 647· Fla.· 1983-01-27 ·cited 16×
  Murray Zedeck challenged the validation of $9.5 million in water and sewer bonds issued by the Indian Trace Community Development District. The Florida Supreme Court affirmed the bond validation, rejecting Zedeck's arguments that the district was improperly established and that t
• State of Fla. & the Taxpayers v. Sarasota Cnty.
  372 So. 2d 1115· Fla.· 1979-06-28 ·cited 16×
  The Florida Supreme Court upheld Sarasota County's issuance of revenue bonds secured by franchise fees to finance water system improvements in a special utility district. The court held that counties retain general financing authority to fund capital improvements within special d
• AM FI Inv. Corp. v. Kinney
  360 So. 2d 415· Fla.· 1978-06-08 ·cited 16×
  The Florida Supreme Court affirmed that two special acts providing for repayment to Santa Rosa Island leaseholders of ad valorem taxes paid during 1972-1974 violated the state constitution by providing an indirect tax exemption and impermissible refund of lawfully paid taxes.
• State ex rel. Gulfstream Park Racing Ass'n, Inc. v. Fla. State Racing Comm'n
  70 So. 2d 375· Fla.· 1953-11-17 ·cited 16×
  The Florida Supreme Court upheld statutory provisions allowing horse racing tracks to conduct additional charitable and scholarship racing days, rejecting constitutional challenges and holding that the Racing Commission had discretion to allocate these days at the beginning or en
• Berry v. Cary A. Hardee
  83 Fla. 531· Fla.· 1922-04-14 ·cited 16×
  Berry challenged the constitutionality of Florida's Everglades Drainage District Acts, seeking annulment and injunctive relief against their enforcement. The Florida Supreme Court affirmed the lower court's dismissal, holding that legislative assessments for drainage purposes are
• WM Mobile Bay Env't Ctr., Inc. v. The City of Mobile Solid Waste Auth.
  972 F.3d 1240· 11th Cir.· 2020-08-26 ·cited 15×
  The court held that it must certify questions of Alabama statutory and common law regarding the execution on property owned by a solid waste disposal authority to the Alabama Supreme Court due to the lack of clear precedent.
• City OF Orlando v. Ford S. Hausman
  534 So. 2d 1183· Fla. 5th DCA· 1988-11-10 ·cited 14×
  The City of Orlando and ten tenants challenged real property tax assessments, claiming leasehold interests were exempt from ad valorem taxation. The trial court granted summary judgment for the property appraiser, and the appellate court affirmed, holding that because the tenants
• City OF Opa-Locka v. Metro. Dade Cnty.
  247 So. 2d 755· Fla. 3d DCA· 1971-05-04 ·cited 14×
  The City of Opa-Locka and Fidelity and Casualty Company appealed a trial court judgment upholding a preliminary tax roll for leasehold interests at airport facilities operated by the Dade County Port Authority. The appellate court largely affirmed the judgment, holding that the P
• State v. City OF Miami Beach
  234 So. 2d 103· Fla.· 1970-04-08 ·cited 14×
  The Florida Supreme Court upheld the constitutionality of Chapter 67-930, which authorized municipalities in counties meeting specified population criteria to levy a resort tax to fund convention center improvements and tourism promotion. The Court rejected the State's challenge
• Dressel v. Dade Cnty.
  219 So. 2d 716· Fla. 3d DCA· 1969-03-04 ·cited 14×
  Taxpayers in municipalities with their own fire departments challenged Dade County's collection of fire protection taxes from their properties, arguing they received no benefit from the County Fire Department. The trial court rejected their class action lawsuit, and the appellate
• Boschen v. City OF Clearwater
  777 So. 2d 958· Fla.· 2001-01-18 ·cited 12×
  The Florida Supreme Court upheld a trial court's validation of the City of Clearwater's $12 million infrastructure sales tax revenue bonds for roadway improvements at Clearwater Beach, rejecting the appellant's challenge that the bonds required prior referendum approval. The Cour
• James Noble, M.D. v. Martin Cnty. Health Facilities Auth.
  682 So. 2d 1089· Fla.· 1996-11-07 ·cited 12×
  The court held that challenges to the economic effects of bond proceeds are collateral issues outside the scope of a bond validation proceeding.
• Chavez v. City OF Tampa
  560 So. 2d 1214· Fla. 2d DCA· 1990-03-16 ·cited 12×
  The Florida District Court of Appeal reversed a trial court's award of attorney's fees to a city council member who successfully defended ethics charges before the Florida Commission on Ethics, holding that neither the applicable statute nor common law principles supported reimbu
• State v. Osceola Cnty. Indus. Dev. Auth.
  424 So. 2d 739· Fla.· 1982-12-16 ·cited 12×
  Florida Supreme Court affirmed the validation of $10 million in tax-exempt industrial development revenue bonds issued by Osceola County Industrial Development Authority to finance a Days Inn hotel facility serving Walt Disney World and related tourism attractions. The Court held
• State v. Volusia Cnty. Indus. Dev. Auth.
  400 So. 2d 1222· Fla.· 1981-07-09 ·cited 12×
  The Florida Supreme Court upheld the validation of industrial development revenue bonds for a private, for-profit nursing home facility in Volusia County. The court rejected constitutional challenges that the project violated Article VII, Section 10 of the Florida Constitution, w
• City OF Bartow v. The Honorable James L. Roden
  286 So. 2d 228· Fla. 2d DCA· 1973-12-05 ·cited 12×
  Municipally owned airport property leased to private interests for non-aeronautical, non-essential purposes is subject to ad valorem taxation, even if acquired under the Airport Law.
• State v. Reedy Creek Improvement Dist.
  216 So. 2d 202· Fla.· 1968-11-27 ·cited 12×
  The Florida Supreme Court upheld the validation of $12 million in revenue bonds to be issued by Reedy Creek Improvement District for drainage and water control improvements. The court rejected the State's multiple constitutional challenges, finding that the project served valid p
• Brandes v. City OF Deerfield Beach
  186 So. 2d 6· Fla.· 1966-04-18 ·cited 12×
  Taxpayers challenged the validation of $1.5 million municipal bonds issued by the City of Deerfield Beach to finance construction of spring training facilities for the Pittsburgh Pirates baseball team. The Florida Supreme Court reversed the validation decree, finding the bond iss
• State v. Okaloosa Cnty. Airport & Indus. Auth.
  168 So. 2d 745· Fla.· 1964-11-18 ·cited 12×
  Florida appealed a Circuit Court decree validating $275,000 in Special Fund Certificates issued by the Okaloosa County Airport and Industrial Authority to finance airport repair and maintenance facilities to be leased to Fairchild-Stratos Corporation. The Florida Supreme Court af
• Lee v. Atl. Coast Line R.R. Co.
  141 Fla. 545· Fla.· 1940-01-02 ·cited 12×
  The Florida Supreme Court upheld special tax district debt service levies against an interstate railroad's challenge, holding that general ad valorem taxes on railroad property within special districts are not unconstitutional burdens on interstate commerce and that the railroad
• Abe Stein and Alice N. Stein v. Darby
  126 So. 2d 313· Fla. 1st DCA· 1961-01-24 ·cited 11×
  In this second appeal of a boundary dispute, the Florida District Court of Appeal upheld the constitutionality of Florida Statute Section 704.01(2), which provides a statutory way of necessity allowing landlocked property owners to obtain easements across neighboring property for
• Herr v. City OF ST. Petersburg
  114 So. 2d 171· Fla.· 1959-06-17 ·cited 11×
  The court reviewed a circuit court's reversal of a municipal court conviction for disorderly conduct, focusing on whether the respondents' actions constituted disorderly conduct and if their subsequent resistance to arrest was improper.
• Advisory Opinion TO THE Attorney Gen. re Extending Existing Sales TAX TO Non-Taxed Servs. Where Exclusion Fails TO Serve Pub. Purpose. Advisory Opinion to the Attorney Gen. re Initiative Requiring Legis. Determination that Sales Tax Exemptions Serve a Pub. Purpose. Advisory Opinion to the Attorney Gen. re Initiative Directing Manner by Which Sales Tax Exemptions are Granted by the Legis. Advisory Opinion to the Attorney Gen. re Extending Existing Sales Tax to Non-Taxed Servs. Where Exclusion Fails to Serve Pub. Purpose. Advisory Opinion to the Attorney Gen. re Initiative Requiring Legis. Determination that Sales Tax Exemptions Serve a Pub. Purpose. Advisory Opinion to the Attorney Gen. re Initiative Directing Manner by Which Sales Tax Exemptions are Granted by the Legis.
  953 So. 2d 471· Fla.· 2007-03-22 ·cited 10×
  The Florida Supreme Court reviewed three citizen initiative proposals regarding sales tax exemptions. The court approved one proposal directing manner of sales tax exemptions but rejected two proposals due to conflicting mandatory deadlines that would expire before voters could a
• Northcutt v. Orlando Utils. Comm'n
  614 So. 2d 612· Fla. 5th DCA· 1993-02-19 ·cited 10×
  The Fifth District Court of Appeal affirmed that the Orlando Utilities Commission's Indian River Plant, located in Brevard County but supplying electricity primarily to Orange County residents, qualifies for constitutional tax exemption as municipally owned property used for muni
• Moisés Gabriel v. Travelers Indem. Co.
  515 So. 2d 1322· Fla. 3d DCA· 1987-11-17 ·cited 10×
  A municipality's failure to obtain a formal certificate of self-insurance does not preclude its status as self-insured if it otherwise demonstrates financial responsibility and maintains a self-insurance program, thus precluding uninsured motorist benefits from the injured party'
• Garris v. Hanover Ins. Co.
  630 F.2d 1001· 4th Cir.· 1980-09-04 ·cited 10×
  The retroactive application of S.C.Code § 38-37-940(2)'s private enforcement provision impermissibly impairs contractual obligations under the Contract Clause.
• MacCabee Invs., Inc. v. Markham
  311 So. 2d 718· Fla. 4th DCA· 1975-04-25 ·cited 10×
  Maccabee Investments challenged personal property tax assessments on its leasehold interest in Fort Lauderdale's municipally-owned Parker Playhouse, arguing the property was exempt because it served a public purpose. The court reversed the trial court's judgment upholding the ass
• State v. Ocean Hwy. & Port Auth.
  217 So. 2d 103· Fla.· 1968-12-13 ·cited 10×
  The Florida Supreme Court upheld the validation of $42 million in revenue bonds to be issued by the Ocean Highway and Port Authority to construct a pulp and paper mill to be leased to a private corporation. The Court held that a specific legislative finding characterizing the pro
• State v. Wash. Cnty. Dev. Auth.
  178 So. 2d 573· Fla.· 1965-09-15 ·cited 10×
  The Florida Supreme Court reversed the validation of a promissory note issued by Washington County Development Authority to finance a rural homesites development project, holding that using government credit to finance private housing development violates Article IX, Section 10 o
• Imperial Prod. Corp. v. City of Sweetwater
  210 F.2d 917· 5th Cir.· 1954-02-23 ·cited 10×
  The court held that the Municipal Airport Act of Texas, by declaring airport operations to be public and governmental functions, exempts the city from tort liability for negligence in operating the airport, including renting storage space.