Public Purpose Doctrine

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

• Jenne v. Broward Serv. Ctr., Inc.
  717 So. 2d 585· Fla. 4th DCA· 1998-08-26 ·cited 2×
  The Sheriff of Broward County appealed a judgment requiring him to pay damages for breach of contract to Broward Service Center, arguing that a minimum labor hour provision was void as against public policy. The court affirmed, holding that the provision served a legitimate publi
• Brevard Cnty. v. Fla. Power & Light Co.
  693 So. 2d 77· Fla. 5th DCA· 1997-05-02 ·cited 2×
  Florida Power & Light Company challenged Brevard County Ordinance No. 95-13, which imposed new permitting requirements and criteria for constructing electrical transmission lines, arguing it violated the Contract Clause by impairing FPL's rights under a 1977 franchise agreement.
• Williams v. Motley
  925 F.2d 741· 4th Cir.· 1991-02-12 ·cited 2×
  The court held that the uninsured motor vehicle assessment imposed by the Virginia Department of Motor Vehicles is an excise tax and therefore nondischargeable in bankruptcy, while the service fee is dischargeable.
• Dole v. Local 427, Int'l Union OF Elec., Radio & Mach. Workers, AFL-CIO
  894 F.2d 607· 3d Cir.· 1990-01-18 ·cited 2×
  No statute of limitations applies to suits brought by the Secretary of Labor under section 104 of the LMRDA to enforce Title I rights, as these actions serve a public purpose.
• Lower Brule Sioux Tribe OF South Dakota v. United States
  712 F.2d 349· 8th Cir.· 1983-07-19 ·cited 2×
  The court held that the Master Plan satisfied the requirements of the Big Bend Act's revestment provision and that Section 10 of the Act clearly granted grazing rights only on specific acquired lands, not all lands taken for the project.
• State v. Fla. Mun. Power Agency
  428 So. 2d 1387· Fla.· 1983-03-17 ·cited 2×
  The Florida Supreme Court affirmed a trial court's validation of a $375 million bond issue by the Florida Municipal Power Agency (FMPA) to finance its purchase of an 8.8% ownership interest in a nuclear power plant. The Court rejected the State's constitutional and statutory chal
• Holloway v. Lakeland Downtown Dev. Auth.
  417 So. 2d 963· Fla.· 1982-06-03 ·cited 2×
  The Florida Supreme Court upheld the trial court's validation of municipal revenue bonds issued by the Lakeland Downtown Development Authority to purchase downtown property for redevelopment. The court rejected challenges to the bonds based on eventual private ownership, sufficie
• United States ex rel. Tenn. Valley Auth. v. TWO Tracts OF Land Containing a Total OF 146.4 Acres
  532 F.2d 1083· 6th Cir.· 1976-04-06 ·cited 2×
  The court held that the Tennessee Valley Authority has the power to condemn land for the Tellico Dam project, even if some land is intended for future resale for industrial and recreational purposes, and that the awarded compensation was within the range of evidence.
• Janis Dev. Corp. v. City OF Sunrise
  40 Fla. Supp. 41· Broward Cty. Cir. Ct.· 1973-10-05 ·cited 2×
  This case challenges Broward County Ordinance 73-2, which imposed fees on new residential construction to offset infrastructure impacts. The court held that the ordinance is unconstitutional because it operates as an unauthorized tax rather than a valid regulatory fee, violates t
• Gerri Betz v. Jacksonville Transp. Auth.
  277 So. 2d 769· Fla.· 1973-04-11 ·cited 2×
  Plaintiffs challenged Jacksonville Transportation Authority's acquisition of a private bus system as an unconstitutional lending of public credit and abuse of discretion. The Florida Supreme Court affirmed the trial court's dismissal, holding that the acquisition served a legitim
• Williams v. Turrentine
  266 So. 2d 81· Fla. 4th DCA· 1972-07-25 ·cited 2×
  George Williams, an intervenor in a declaratory judgment action, appealed a summary judgment upholding the City of West Palm Beach's 99-year lease of public property to a private corporation for high-rise residential development. The Florida District Court of Appeal reversed, hol
• Gov't OF Guam v. Moylan
  407 F.2d 567· 9th Cir.· 1969-02-03 ·cited 2×
  The court held that the condemnation of property for urban renewal and resale was for a public purpose with sufficient legislative authorization, but remanded the injunction-declaratory judgment case for consideration of whether a declaratory judgment on the sale method was appro
• Al Lipford v. Harris
  202 So. 2d 109· Fla. 1st DCA· 1967-07-20 ·cited 2×
  Taxpayers appealed dismissal of complaints challenging Monroe County's use of bonded public funds for road, bridge, and canal projects, arguing they benefited private landowners in violation of the Florida Constitution's prohibition on lending public credit to private enterprises
• Antonio Roig Sucrs. S. EN C. v. The Sugar Bd. OF Puerto RICO
  235 F.2d 347· 1st Cir.· 1956-07-17 ·cited 2×
  The court held that the challenged provisions of the Sugar Act of Puerto Rico, requiring cash payment for cane and regulating hauling expenses, did not violate due process. The court also found no denial of a forum for Eastern Sugar Associates to challenge the regulations.
• State v. Alachua Cnty.
  154 Fla. 1· Fla.· 1944-01-11 ·cited 2×
  Florida Supreme Court upheld the validity of Alachua County's issuance of revenue certificates to finance a nurses' home for the county hospital, rejecting constitutional challenges based on lack of freeholder approval, alleged non-public purpose, and defective legislative notice
• State v. Cnty. of Hillsborough
  132 Fla. 832· Fla.· 1938-06-16 ·cited 2×
  The Florida Supreme Court affirmed the circuit court's validation of $1,609,000 in Hillsborough County Highway Refunding Bonds issued to refund prior highway bonds that were outstanding since 1925-1926. The court rejected the State Attorney's challenge to the bonds' validity, hol
• Crapo v. Gainesville Area Chamber of Commerce, Inc.
  274 So. 3d 453· Fla. 1st DCA· 2019-05-02 ·cited 1×
  The Gainesville Area Chamber of Commerce is entitled to a charitable tax exemption because its economic development activities constitute a "charitable purpose" under section 196.012(7), Florida Statutes, which defines charitable purpose as a function or service for which public
• Furnams v. Santa Rosa Island Auth.
  377 So. 2d 983· Fla. 1st DCA· 1979-11-08 ·cited 1×
  Appellants, Santa Rosa Island leaseholders, challenged the constitutionality of the Santa Rosa Island Authority and sought declaratory relief to invalidate development leases held by Faddis & Keltner (F&K). The trial court ruled in favor of the Authority and F&K, finding the Auth
• Northwood Assocs., LLC v. Ertel
  265 So. 3d 665· Fla. 1st DCA· 2019-01-22
  Northwood Associates challenged a legislative proviso prohibiting state agencies from using appropriated funds to pay rent at Northwood Centre, claiming it violated the Florida Constitution's contract impairment clause and single subject rule. The court affirmed summary judgment
• United States v. Schneider
  30 La. 980· S.D. Fla.· 2018-08-13
• Fla. Sheriffs Workers' Comp. Self-Insurance Fund v. Dep't OF Fin. Servs.
  40 So. 3d 792· Fla. 1st DCA· 2010-07-07
  The Florida Sheriffs Workers' Compensation Self-Insurance Fund challenged a Department of Financial Services order denying its refund applications for assessments paid to the Special Disability Trust Fund (SDTF), arguing the assessment was unconstitutional as applied to it since
• United States v. Garcia-Cordero
  595 F. Supp. 2d 1312· S.D. Fla.· 2009-01-15
  The Fifth Amendment privilege against self-incrimination does not protect a defendant from prosecution for failing to comply with the 'bring and present' requirement of 8 U.S.C. § 1324(a)(2)(B)(iii) because this requirement is part of a regulatory regime designed to effect public
• Fulmore v. Charlotte Cnty. & Murdock Vill. Cmty. Redev. Agency
  928 So. 2d 1281· Fla. 2d DCA· 2006-05-31
  Multiple property owners challenged the constitutionality of Florida's Community Redevelopment Act and the taking of their property in the Murdock Village redevelopment area through eminent domain. The court affirmed the trial court's rejection of both facial and as-applied const
• Shedrick Staten v. Celso M. Gonzalez-Falla for the Gilman Article III Tr.
  904 So. 2d 498· Fla. 1st DCA· 2005-05-18
  The Florida First District Court of Appeal reversed a trial court's award of a statutory way of necessity across landlocked property, holding that the trial court erred by failing to restrict the easement to the statutory purposes enumerated in Florida Statutes section 704.01(2)—
• SUN 'N Lake OF Sebring Improvement Dist. v. McINTYRE
  800 So. 2d 715· Fla. 2d DCA· 2001-12-05
  Sun 'N Lake Improvement District appealed a summary judgment denying ad valorem tax exemptions for vacant lots and recreational facilities it acquired through foreclosure. The court reversed the trial court's finding that a 2004 amendment treating special districts as municipalit
• Turner v. City OF Clearwater
  789 So. 2d 273· Fla.· 2001-04-12
  Terry Sue Turner challenged Clearwater's issuance of $51 million in revenue bonds to fund replacement of the Memorial Causeway Bridge, arguing the city lacked authority to issue the bonds without a public referendum. The Florida Supreme Court affirmed the lower court's validation
• Moore v. Palm Beach Cnty.
  731 So. 2d 754· Fla. 4th DCA· 1999-04-07
  This consolidated appeal concerns the validity of escrow agreements executed by the South Lake Worth Inlet District days before its legislative dissolution, through which the District sought to refund $2.6 million in reserve funds to taxpayers. The court affirmed the trial court'
• State v. E.D. "Bud" Dixon
  594 So. 2d 295· Fla.· 1992-02-13
  The Florida Supreme Court upheld section 61.181(5), which requires clerks to disburse child and spousal support payments by personal check within four working days, rejecting the claim that it violates the Florida Constitution's prohibition on pledging public credit. The Court fo
• Minneapolis Cmty. Dev. Agency v. Lake Calhoun Assocs.
  928 F.2d 299· 8th Cir.· 1991-03-21
  The court held that the district court properly denied judgment notwithstanding the verdict (JNOV) on the jury's finding of breach of best efforts, but properly granted JNOV on the jury's finding of anticipatory repudiation.
• State v. Palm Beach Cnty.
  575 So. 2d 652· Fla.· 1991-02-28
  The court held that Palm Beach County cannot issue industrial development revenue bonds for Pine Crest Preparatory School because Pine Crest is a chapter 623 corporation, and chapter 623.13 prohibits county commissioners from engaging in the financing of such corporations.
• State v. Div. OF Bond Fin.
  530 So. 2d 289· Fla.· 1988-09-01
  The court affirmed the trial court's decision to impose adult sanctions on a juvenile, finding that while the order did not explicitly address all statutory factors, the overall findings were sufficient and the sentence was within the guidelines.
• State v. City OF Pensacola
  397 So. 2d 922· Fla.· 1981-04-23
  The Florida Supreme Court affirmed the trial court's validation of Single Family Mortgage Revenue Bonds issued by the City of Pensacola to finance low-interest mortgage loans for residential development in a blighted inner-city area. The court rejected the state's challenges that
• Horsemen's Benevolent & Protective Ass'n v. Div. OF Pari-Mutuel Wagering Dep't OF Bus. Regulations
  397 So. 2d 692· Fla.· 1981-04-16
  The Florida Supreme Court held that section 550.2615, which requires licensed horse racetracks to deduct one percent of purses and pay it to a horsemen's association, is unconstitutional as an invalid exercise of the state police power. Although the statute's stated objective—enh
• Coffin v. State
  374 So. 2d 504· Fla.· 1979-07-18
  Clifford Coffin, president of a cemetery company, was convicted of violating Florida's cemetery trust fund statute by failing to make required ten percent contributions to a care and maintenance trust fund. The Florida Supreme Court affirmed his conviction, rejecting constitution
• Coconut Grove Marine Props., Inc. v. City OF Miami
  372 So. 2d 932· Fla.· 1979-06-21
• City OF Sarasota v. Mikos
  374 So. 2d 458· Fla.· 1979-06-07
  Vacant land owned by a municipality and held for future public use or as open space is presumed to be used for a public purpose and is therefore exempt from ad valorem taxation.
• Reubin O'D. Askew v. Green, Simmons, Green AND High-Tower, P. A.
  348 So. 2d 1245· Fla. 1st DCA· 1977-08-22
  This case concerns a county ordinance that authorized payment of public funds for the legal defense of county commissioners prosecuted under Florida's open public meetings law. The court affirmed the lower court's decision, finding the ordinance did not violate constitutional pro
• Baycol, Inc. v. Downtown Dev. Auth. OF the City OF Fort Lauderdale
  315 So. 2d 451· Fla.· 1975-06-23
  Baycol, Inc. challenged the Downtown Development Authority of Fort Lauderdale's use of eminent domain to condemn its property for a parking facility that would primarily serve a privately-developed shopping mall. The Florida Supreme Court held that the condemnation violated the c
• Chrysler Corp. v. M. Present Co., Inc.
  491 F.2d 320· 7th Cir.· 1974-02-05
  The court held that the public purpose exception to landlord non-liability applies to a commercial warehouse leased for storage, and that a side track agreement created a contractual duty for the lessor to indemnify the railroad for losses caused by the lessor's negligence.
• Episcopal Acad. Private Sch., Inc. v. R. R. (Bob) Walden
  233 So. 2d 182· Fla. 2d DCA· 1970-03-20
  Episcopal Academy Private School, a non-profit corporation operating Berkeley Preparatory School, appealed a summary judgment denying tax exemption for its headmaster's residence. The court reversed and remanded, finding that the case should be analyzed under a different constitu
• State v. Tampa-Hillsborough Cnty. Expressway Auth.
  216 So. 2d 455· Fla.· 1968-12-06
  The Florida Supreme Court upheld the validation of $46 million in expressway revenue bonds issued by the Tampa-Hillsborough County Expressway Authority. The State of Florida appealed on the grounds that the inclusion of railroad grade-crossing elimination facilities violated stat
• State v. Cnty. OF Dade
  210 So. 2d 200· Fla.· 1968-05-08
  This case involves an appeal challenging the validation of revenue bonds issued by the Dade County Port Authority for facilities to be used exclusively by National Airlines, Inc.
• Hampton v. City of Jacksonville
  16 Fla. Supp. 96· Duval Cty. Cir. Ct.· 1959-11-24
  Taxpayers challenged the City of Jacksonville's proposed sale of two municipal golf courses for prices below their appraised values following the courses' closure after a federal court ordered integration. The circuit court held that municipalities have authority under their char
• Town of Jupiter v. Colpitts
  7 Fla. Supp. 183· Palm Beach Cty. Cir. Ct.· 1954-08-09
  The Town of Jupiter sought to nullify a lease of municipally-owned land to private parties for a private enterprise. The court held that land conveyed by the federal government for public purposes cannot be validly leased to individuals for private gain, and the town owes no comp
• Lewis v. Peters
  66 So. 2d 489· Fla.· 1953-07-21
  The Florida Supreme Court affirmed a lower court injunction prohibiting the Panama City Housing Authority from turning over property to private interests for construction and control of housing units. While acknowledging the laudable goal of providing military housing, the court