Ultra Vires Contracts

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

• Port Royal, Inc. v. Conboy
  154 So. 2d 734· Fla. 2d DCA· 1963-06-19 ·cited 86×
  A Florida taxpayer sought to bring a class action on behalf of all ad valorem taxpayers in Naples challenging tax assessment contracts that allegedly gave favorable treatment to certain land developers. The court affirmed the trial court's ruling that the action could properly be
• Special Tax Sch. Dist. No. 1 of Orange Cnty. v. Hillman
  131 Fla. 725· Fla.· 1938-03-08 ·cited 44×
  The court held that sellers of land to a school district trustees can enforce an equitable lien for the unpaid purchase price, even though the trustees executed void notes and mortgage, because the sale was completed and the district improperly enriched itself. The court rejected
• E.C. Fogg, III v. Se. Bank, N.A.
  473 So. 2d 1352· Fla. 4th DCA· 1985-07-17 ·cited 40×
  E.C. Fogg III appealed a summary judgment foreclosing his mortgage, arguing that a 1983 amendment to Florida's balloon mortgage statute should not apply retroactively to his 1981 mortgage. The court held that the amendment applied retroactively because it merely eliminated a pena
• Couture v. The Cnty. of Dade by J. W. Carey
  93 Fla. 342· Fla.· 1927-02-26 ·cited 40×
  The Florida Supreme Court reversed an injunction issued by Dade County to prevent landowners from obstructing the Ocean Beach Road, holding that the road was not a public highway because it lacked the elements required to establish public highway status, particularly adverse use
• Webb v. Hillsborough Cnty.
  128 Fla. 471· Fla.· 1935-09-30 ·cited 34×
  Cone Brothers contracted with Hillsborough County to improve a public road and received certificates of indebtedness as payment. When the statutory authority (Chapter 9316, Acts of 1923) for the certificates was declared invalid, the certificates became unenforceable, but the Flo
• Hoffa v. Fitzsimmons
  673 F.2d 1345· D.C. Cir.· 1982-03-26 ·cited 32×
  The court held that the pension plan's agreement with Hoffa's estate was a binding contract, enforceable despite alleged errors in the initial calculation of benefits, due to the plan's finality clause and the parties' ability to contractually define their rights.
• Botz v. Helvering
  134 F.2d 538· 8th Cir.· 1943-04-01 ·cited 32×
  The court held that state court judgments obtained through collusion, where the corporation admitted liability to its own stockholders for repurchased stock, were not binding on the federal tax authorities and did not establish the stockholders' status as creditors for purposes o
• Bd. of Pub. Instruction for the Cnty. of Pinellas v. Knight & Wall Co.
  100 Fla. 1649· Fla.· 1931-01-09 ·cited 31×
  The Florida Supreme Court affirmed a judgment against the Board of Public Instruction of Pinellas County for materials supplied to a defaulted contractor for school construction, holding that special tax school district bond funds (unlike county school funds) may be subjected to
• 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
• City OF Gainesville v. Bd. OF Control of the State of Fla.
  81 So. 2d 514· Fla.· 1955-06-22 ·cited 22×
  The City of Gainesville challenged a 1905 agreement made by a citizens' committee to provide free water to the University of Florida in exchange for locating the university in the city. The Florida Supreme Court held that the city ratified the contract by honoring it for 50 years
• 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
• Pettit v. Doeskin Prods., Inc.
  270 F.2d 95· 2d Cir.· 1959-08-24 ·cited 16×
  The court held that the debtor is entitled to cancellation of the invalidly issued Keta shares, but this recovery must be conditioned on restoring Doeskin Products Inc. to its prior position, equivalent to cancelling the invalidly issued Doeskin shares.
• The Fla. Nat'l Bank of Jacksonville v. Cnty. of Okeechobee
  117 Fla. 262· Fla.· 1934-11-15 ·cited 15×
  The Florida National Bank of Jacksonville appealed the denial of its motion to dismiss a bill of complaint filed by Okeechobee County regarding funds deposited under a tri-party agreement. The court held that even though the bank lacked authority to pledge collateral or guarantee
• City OF Clearwater v. Bonsey
  180 So. 2d 200· Fla. 2d DCA· 1965-11-16 ·cited 12×
  The City of Clearwater appeals a summary judgment declaring that Pinellas County cannot be bound by a thirty-year fixed-rate water contract because the County's statutory duty to prescribe and revise water rates whenever necessary cannot be surrendered by contract. The court affi
• First Nat'l Bank of Marianna v. Bd. of Pub. Instruction for the Cnty. of Jackson
  114 Fla. 571· Fla.· 1934-04-20 ·cited 9×
  This case addresses whether a county board of public instruction has the authority to contract for attorney's fees in a loan agreement. The court held that such a provision is not ultra vires and is a reasonable and necessary part of a loan contract, allowing for recovery of atto
• Town OF Indian River Shores v. Coll
  378 So. 2d 53· Fla. 4th DCA· 1979-12-05 ·cited 8×
  This case involves an appeal from a judgment in favor of an employee arising out of a contract of employment with a municipality, funded by a CETA grant.
• Bd. OF Cnty. Comm'rs OF Lawrence Cnty. v. L. Robert Kimball & Assocs.
  860 F.2d 683· 6th Cir.· 1988-11-03 ·cited 7×
  The court held that the district court erred in vacating the arbitration award, as the county's claims regarding contract validity and consistency with federal law were matters for the arbitrators, and public policy did not require overturning the award.
• Mo. State Life Ins. Co. v. Lakeland Star-Telegram
  111 Fla. 416· Fla.· 1933-07-13 ·cited 6×
  Missouri State Life Insurance Company sought to foreclose a mortgage against the Lakeland Star-Telegram and the liquidator of Lakeland State Bank & Trust Company. The central issue was whether a bank could lawfully assume a pre-existing mortgage debt as partial consideration when
• The Trs. of the Internal Improvement Fund v. Gleason
  15 Fla. 384· Fla.· 1875-06-01 ·cited 4×
  The court affirmed a lower court's decision regarding a contract entered into by trustees of the Internal Improvement Fund. The trustees argued the contract was illegal and beyond their powers, but the court found that improving trust lands by drainage was within their authorized
• Sproul v. City OF Wooster
  840 F.2d 1267· 6th Cir.· 1988-02-26 ·cited 2×
  The court held that the city council did not delegate authority over extra-territorial expansion of water and sewer lines to the administrative branch.
• Ohio Oil Co. v. Mich. City
  117 F.2d 391· 7th Cir.· 1941-02-07 ·cited 2×
  A municipality is liable for the reasonable value of necessary supplies and services furnished, even if the contract technically violates statutory appropriation limits, if the exhaustion of funds was not ascertainable and recovery is sought on a quasi-contractual basis.
• Sioux City Foundry Co. v. City OF S. Sioux City
  968 F.2d 777· 8th Cir.· 1992-07-10
  A municipality has the power to enter into a long-term contract for electricity rates, even if it also possesses legislative rate-setting authority, provided the contract is within its proprietary powers and not expressly prohibited by statute.
• Emilio Montez v. S. SAN Antonio Indep. Sch. Dist.
  817 F.2d 1124· 5th Cir.· 1987-05-04
  A public school instructor not certified under state law cannot claim a property interest in continued employment under the Fourteenth Amendment's due process clause, even if employed under contracts labeled 'continuing contracts'.
• City OF Atlanta v. Brinderson Corp.
  799 F.2d 1541· 11th Cir.· 1986-09-24
  A city has the power to enter into binding arbitration agreements for construction contracts, and a statute preventing one council from binding its successors does not apply to such contracts.
• Robinson's, Inc. v. Short
  146 So. 2d 108· Fla. 1st DCA· 1962-11-01
  A taxpayer challenged a printing contract awarded to Robinson's for tax notices, alleging defective specifications that prevented competitive bidding. The court affirmed the contract was void due to vague specifications but allowed Robinson's to recover actual costs via quantum m
• City of Gainesville v. Bd. of Control
  6 Fla. Supp. 116· Leon Cty. Cir. Ct.· 1954-08-10
  The City of Gainesville sought relief from a 1905 contract obligating it to provide free water to the University of Florida in perpetuity. The court held the contract valid and enforceable, rejecting arguments that it was ultra vires, indefinite in duration, or had expired by lap
• Scofield Eng'g Co. v. City of Danville
  126 F.2d 942· 4th Cir.· 1942-03-28
  A contract with a municipality that is expressly prohibited by statute or charter cannot form the basis for recovery, even on a quantum meruit theory.
• Williams v. Bd. of Pub. Instruction
  133 Fla. 624· Fla.· 1938-07-27
  The Florida Supreme Court held that a county board of public instruction lacks the authority to enter into multi-year contracts for school bus transportation services, as such contracts exceed the board's implied powers and violate the statutory requirement that school operations