Public Purpose Doctrine

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

• Merriman v. Hutchinson
  95 Fla. 600· Fla.· 1928-03-28 ·cited 10×
  A Florida taxpayer challenged a special law creating a mosquito control district and authorizing bond issuance and tax levies, arguing it violated the state constitution. The Florida Supreme Court held that while mosquito control is a valid public purpose, the statute unconstitut
• NEW Neighborhoods, Inc. v. W. Va. Workers' Comp. Fund
  886 F.2d 714· 4th Cir.· 1989-10-02 ·cited 9×
  Premiums due to the West Virginia Workers' Compensation Fund are excise taxes for purposes of 11 U.S.C. § 507(a)(7)(E), and thus entitled to priority status in bankruptcy.
• City OF Tampa v. Walden
  323 So. 2d 58· Fla. 2d DCA· 1975-12-05 ·cited 9×
  Municipally owned park lands leased to private entities for profit are exempt from ad valorem taxation if the leaseholds are accessory to the park's overall public purpose and serve a function that could otherwise be accomplished by municipal funds.
• Byrd v. Blue Ridge Rural Elec. Coop., Inc.
  215 F.2d 542· 4th Cir.· 1954-09-02 ·cited 9×
  A rural electric cooperative, despite serving a public purpose and receiving tax exemptions, is not a charitable corporation and is therefore not exempt from tort liability under South Carolina law.
• Dep't OF Revenue v. The City OF Gainesville
  859 So. 2d 595· Fla. 1st DCA· 2003-11-26 ·cited 8×
  The Florida Court of Appeal upheld a trial court's declaration that a statute imposing ad valorem taxes on municipally-owned telecommunications property is facially unconstitutional. The court held that providing telecommunications services to residents constitutes a valid munici
• State v. Div. OF Bond Fin.
  495 So. 2d 183· Fla.· 1986-10-09 ·cited 8×
  Florida's Department of Bond Finance sought validation of a $200 million bond issuance that could be sold as either taxable or tax-exempt bonds to finance affordable housing mortgages. The state challenged the issuance on grounds that the agency lacked authority to issue taxable
• Markham v. MacCABEE Invs., Inc.
  343 So. 2d 16· Fla.· 1977-02-10 ·cited 8×
  A private party's leasehold interest in a municipally owned facility used for theater productions is taxable.
• Normand Smith and Nancy L. Smith v. Gov't OF the Virgin Islands
  329 F.2d 135· 3d Cir.· 1964-02-28 ·cited 8×
  The court held that the district court erred by dismissing the petitions for failure to state a claim when matters outside the pleadings were presented, and that the legislative record provided a rational basis for the agreement, precluding further judicial review.
• Brooks v. Patterson
  159 Fla. 263· Fla.· 1947-07-08 ·cited 8×
  Plaintiffs sought to enjoin the operation of Albert Whitted Airport in St. Petersburg, Florida, or to prevent aircraft from flying below 500 feet over their property, alleging nuisance. The Florida Supreme Court affirmed the lower court's denial of the injunction but imposed oper
• Olds v. Alvord
  133 Fla. 221· Fla.· 1938-03-29 ·cited 8×
  In this equally divided decision, the Florida Supreme Court affirmed a Circuit Court decree enjoining the municipality of Bellair from levying taxes to pay bonds allegedly issued and proceeds applied for the benefit of private corporations in violation of Article IX, Section 7 of
• Donovan v. Okaloosa Cnty.
  82 So. 3d 801· Fla.· 2012-01-05 ·cited 7×
  The Florida Supreme Court affirmed the circuit court's validation of revenue bonds issued by Okaloosa County to fund a beach restoration and renourishment project. The court held that the county properly followed statutory procedures, adequately demonstrated that environmental pe
• City OF W. Palm Beach v. Williams
  291 So. 2d 572· Fla.· 1974-02-13 ·cited 7×
  The Florida Supreme Court held that municipalities may lease public land for private uses when no bonds are issued, public funds expended, or eminent domain exercised in furtherance of the lease, provided the municipality has legislative authority to do so. The court reversed the
• State of Fla. & the taxpayers v. Inter-American Ctr. Auth.
  281 So. 2d 201· Fla.· 1973-07-27 ·cited 7×
  The Florida Supreme Court upheld the Circuit Court's validation of $203.3 million in revenue bonds issued by the Inter-American Center Authority for the Interama project in Miami-Dade County. The Court rejected the State's challenge that the bonds and the County's cooperation agr
• City OF Gainesville v. Crapo
  953 So. 2d 557· Fla. 1st DCA· 2007-02-12 ·cited 6×
  The City of Gainesville challenged ad valorem taxation on nine communication towers, fiber optic network equipment, and Deerhaven Property. The court affirmed taxation of the towers and Deerhaven Property due to mixed governmental-proprietary uses, reversed the exemption of fiber
• Lake Lucerne Civic Ass'n v. Dolphin Stadium Corp.
  801 F. Supp. 684· S.D. Fla.· 1992-07-31 ·cited 6×
  The court held that homeowner associations have standing for injunctive relief but not compensatory damages, and denied motions to dismiss based on indispensable parties and Eleventh Amendment immunity, while granting in part motions to strike allegations previously adjudicated.
• Whitney Benefits, Inc. v. The United States
  926 F.2d 1169· Fed. Cir.· 1991-02-26 ·cited 6×
  The court affirmed the summary judgment for the second attorney, holding that the statute of limitations for legal malpractice against the first attorney had not yet run when the second attorney was sued for failing to inform the client of the cause of action.
• State v. Leon Cnty.
  410 So. 2d 1346· Fla.· 1982-02-25 ·cited 6×
  A privately financed hotel and convention center project in a designated blighted area serves a paramount public purpose under the Industrial Development Financing Act as a commercial project in a slum or blighted area, and a bond complaint need not specify a finite interest rate
• State v. City OF Riviera Beach
  397 So. 2d 685· Fla.· 1981-04-16 ·cited 6×
  The Florida Supreme Court upheld a municipal revenue bond issuance for an industrial development project located outside the city's boundaries, holding that municipalities have authority under the Florida Industrial Development Financing Act to undertake such projects without geo
• State v. Edward M. Chadbourne, Inc.
  358 So. 2d 605· Fla. 1st DCA· 1978-05-16 ·cited 6×
  The Florida Department of Transportation appealed a summary judgment requiring it to pay an asphalting contractor $31,255.38 under the 1974 version of Section 337.143, which allowed contractors to elect price adjustments for bituminous materials. The court affirmed, holding that
• Penn v. Pensacola-Escambia Governmental Ctr. Auth.
  311 So. 2d 97· Fla.· 1975-04-02 ·cited 6×
  The Florida Supreme Court affirmed the Circuit Court's validation of $6,000,000 in revenue bonds issued by the Pensacola-Escambia Governmental Center Authority to finance a governmental center. The Court rejected challenges from Bernard Penn and the Escambia County Freeholders As
• Cristol v. The City OF Miami Beach
  246 So. 2d 595· Fla. 3d DCA· 1971-04-08 ·cited 6×
  The court held that the proposed conveyance of public land for an urban housing development was legal and for a public purpose, and that no genuine issues of material fact precluded summary judgment.
• United States v. State OF Alaska
  423 F.2d 764· 9th Cir.· 1970-03-20 ·cited 6×
  The court held that the Executive Order establishing the Kenai National Moose Range clearly intended to withdraw submerged lands under Tustumena Lake, and thus these lands did not pass to Alaska upon statehood.
• Lake Charles Harbor & Terminal Dist. v. Mrs. Josephine Haltom Henning
  409 F.2d 932· 5th Cir.· 1969-04-03 ·cited 6×
  The court held that the expropriation of land for a future bulk handling facility by a harbor district was for a public purpose and did not violate the Fourteenth Amendment, and affirmed the trial court's valuation and award of expert fees.
• Al Lipford v. Harris
  212 So. 2d 766· Fla.· 1968-07-17 ·cited 6×
  A bond validation decree, once final, precludes subsequent challenges to questions that were or could have been raised, absent fraud.
• O'Neill v. Haydon Burns
  198 So. 2d 1· Fla.· 1967-01-25 ·cited 6×
  The court denied petitions for rehearing, upholding a lower court's decree that sustained the constitutionality of an act appropriating state funds to the Junior Chamber International for permanent headquarters.
• Padgett v. BAY Cnty.
  189 So. 2d 410· Fla. 1st DCA· 1966-06-09 ·cited 6×
  This case involves a taxpayer's lawsuit challenging the Bay County Commissioners' use of county equipment and labor to pave streets in a private subdivision. The court affirmed the lower court's decision, finding that the Commissioners did not abuse their discretion because the c
• Wiggins v. City OF Green Cove Springs
  159 So. 2d 219· Fla.· 1963-12-18 ·cited 6×
  The court held that the revenue certificates were validly authorized and that the acquisition of the naval station served a dominant municipal purpose, even if some parts were leased for private use.
• McLEOD v. Buell Carr
  90 So. 2d 112· Fla.· 1956-10-24 ·cited 6×
  McLeod sought to enjoin the City of Panama City's vacation of two streets (Nelson Street and an unnamed street), arguing that the closure violated his property rights by obstructing ingress and egress. The Florida Supreme Court affirmed the lower court's summary judgment dismissi
• State v. Walton Cnty.
  97 Fla. 59· Fla.· 1929-01-28 ·cited 6×
  Florida challenged the validity of Walton County bonds issued to construct a public hospital, arguing they violated the constitutional requirement that county taxes be imposed only for county purposes. The Florida Supreme Court upheld the bonds, finding that the authorizing statu
• Smalley v. Duke Energy Fla., Inc.
  154 So. 3d 439· Fla. 2d DCA· 2014-12-31 ·cited 5×
  Duke Energy customers challenged the constitutionality of Florida statutes allowing utilities to recover preconstruction and carrying costs for nuclear power plants before they become operational. The trial court dismissed the complaint, and the appellate court affirmed, holding
• Dade Cnty. v. Marine Exhibition Corp.
  296 So. 2d 652· Fla. 3d DCA· 1974-06-25 ·cited 5×
  The court held that the affidavit submitted by the tax assessor was insufficient to create a genuine issue of material fact regarding the property's public use.
• State v. City OF Tampa
  146 So. 2d 100· Fla.· 1962-10-26 ·cited 5×
  The Florida Supreme Court upheld the City of Tampa's validation of $10 million in Special Obligation Capital Improvement Bonds (Series E) for constructing a convention center and making capital improvements, some on property leased from a private railroad company. The court rejec
• Murphy v. LEE Cnty.
  763 So. 2d 300· Fla.· 2000-07-13 ·cited 4×
  The court held that Lee County is authorized to issue revenue bonds to acquire a water system within the Town of Fort Myers Beach, and the Town is not an indispensable party to the validation proceeding.
• Orlando-Orange Cnty. Expressway Auth. v. Hubbard Constr. Co.
  682 So. 2d 566· Fla. 5th DCA· 1996-08-30 ·cited 4×
  The Orlando-Orange County Expressway Authority appealed a determination by the Division of Administrative Hearings that it was subject to the Administrative Procedure Act (APA). The court affirmed, holding that the Authority qualifies as an "agency" under the APA because it has b
• JFR Inv. v. Delray Beach Cmty. Redev. Agency
  652 So. 2d 1261· Fla. 4th DCA· 1995-04-12 ·cited 4×
  The court held that the city's eminent domain action to acquire property for a redevelopment project, including parking, was valid and supported by reasonable necessity.
• Bell v. W.T. COX, Jr.
  642 So. 2d 1381· Fla. 5th DCA· 1994-04-29 ·cited 4×
  Louis A. Bell appeals a trial court judgment granting W.T. Cox, Jr. a statutory way of necessity easement under Florida law over Bell's property to provide Cox's landlocked parcel access to a public road. The appellate court affirms the judgment, rejecting Bell's constitutional c
• State v. Hous. Fin. Auth. OF Pinellas Cnty.
  506 So. 2d 397· Fla.· 1987-05-07 ·cited 4×
  Florida challenged the validation of $100 million in multifamily mortgage revenue bonds issued by the Housing Finance Authority of Pinellas County to finance low and middle-income housing. The Florida Supreme Court affirmed the circuit court's validation judgment, holding that th
• Smedley v. City OF Waldron
  739 F.2d 399· 8th Cir.· 1984-07-27 ·cited 4×
  The court held that a restraint on alienation in a deed to a governmental unit for a public purpose is not necessarily impermissible, especially if it aligns with the grantor's intent.
• Overstreet v. Indian Creek Vill.
  239 So. 2d 149· Fla. 3d DCA· 1970-09-08 ·cited 4×
  County tax officials appealed a judgment invalidating their assessment of a street and bridge in Indian Creek Village. The bridge and street were owned by Indian Creek Country Club but leased to the municipality for public purposes. The court held that property leased to a munici
• Paul v. Daytona Beach Racing & Recreational Facilities Dist.
  208 So. 2d 653· Fla. 1st DCA· 1968-03-26 ·cited 4×
  Tax officials challenged a trial court decree exempting property leased by the Daytona Beach Racing and Recreational Facilities District from ad valorem taxation. The Florida Supreme Court had previously upheld the constitutional validity of the tax exemption under a special legi
• Pinellas Cnty. v. Mosquito Control Dist. OF Pinellas Cnty.
  194 So. 2d 596· Fla.· 1967-02-01 ·cited 4×
  The Florida Supreme Court upheld the constitutional validity of a special taxing district (Mosquito Control District) with boundaries coextensive with Pinellas County. The court rejected the appellant county's argument that an earlier case (Crowder) had overruled precedent permit
• United States v. Bowman
  367 F.2d 768· 7th Cir.· 1966-10-19 ·cited 4×
  The court held that the government's motion to strike defenses was properly granted because the necessity and purpose of a taking for a public project are legislative matters not subject to judicial review, and allegations of bad faith or improper purpose were insufficient.
• State of Fla. & the taxpayers v. Inter-American Ctr. Auth.
  143 So. 2d 1· Fla.· 1962-06-20 ·cited 4×
  The Florida Supreme Court affirmed the circuit court's validation of $21 million in revenue bonds issued by the Inter-American Center Authority to finance construction of an Inter-American Cultural and Trade Center. The court rejected taxpayers' constitutional challenges, finding
• State v. City OF Tampa
  113 So. 2d 844· Fla.· 1959-07-31 ·cited 4×
  The Florida Supreme Court upheld the City of Tampa's issuance of $935,000 in Parking Facilities Revenue Bonds secured by parking meter revenues. The Court rejected the State's challenges to both an exchange agreement with the Seaboard Airline Railroad Company (whereby the City ac
• Hydrocarbon Prod. Co., Inc. v. Valley Acres Water Dist.
  204 F.2d 212· 5th Cir.· 1953-04-27 ·cited 4×
  The court held that the Texas Legislature has the constitutional authority to create conservation and reclamation districts and levy ad valorem taxes on all property within them, even if some property receives no direct benefit.
• Olds v. Alvord
  133 Fla. 345· Fla.· 1938-10-11 ·cited 4×
  The court was equally divided on whether to affirm or reverse a lower court's decree, resulting in a denial of a petition for rehearing. A dissenting justice argued for granting the rehearing due to a potential change in court personnel and the importance of the decree.
• Fla. Ass'n OF Dispensing Opticians v. Fla. State Bd. OF Optometry
  227 So. 2d 736· Fla. 3d DCA· 1969-10-28 ·cited 3×
  The Florida Association of Dispensing Opticians challenged a Board of Optometry ruling that dispensing opticians lack statutory authority to fit, adapt, or adjust contact lenses to patients' eyes. The court affirmed the lower court's judgment, holding that contact lens fitting is
• N. Inv. Corp. v. City of Cocoa
  118 Fla. 405· Fla.· 1935-01-05 ·cited 3×
  Northern Investment Corporation obtained a judgment against the City of Cocoa and levied execution on city property. The city attempted to void the execution by ordinance declaring the property held for public purposes, but the Florida Supreme Court reversed the lower court's dec
• Miccosukee Tribe OF Indians OF Florida v. S. Fla. Water Mgmt. Dist.
  48 So. 3d 811· Fla.· 2010-11-18 ·cited 2×
  This case addresses the validity of $650 million in certificates of participation (COPs) issued by the South Florida Water Management District to purchase 73,000 acres from U.S. Sugar for Everglades restoration. The Florida Supreme Court upheld the bond validation for the land pu
• Jackson-Shaw Co. v. Jacksonville Aviation Auth.
  2007 U.S. Dist. LEXIS 844· M.D. Fla.· 2007-01-08 ·cited 2×
  The court held that the Jacksonville Aviation Authority's lease agreement with Majestic Realty Company was not unlawful under JAA's Charter, Florida Statutes, or the Florida Constitution, as it did not constitute an unlawful joint ownership or lending of credit.