Boynton v. City of Safety Harbor

• Decision Date: 03 August 1936
• Citation: 125 Fla. 143,169 So. 644
• Parties: BOYNTON v. CITY OF SAFETY HARBOR et al.
• Court: Florida Supreme Court

169 So. 644

125 Fla. 143

BOYNTON v. CITY OF SAFETY HARBOR et al.

Florida Supreme Court

August 3, 1936

En Banc.

Suit by C. A. Boynton against the City of Safety Harbor, Florida, a municipality, and others. From a decree dismissing the bill of complaint, C. A. Boynton appeals.

Affirmed. Appeal from Circuit Court, Pinellas County; John U. Bird, judge.

COUNSEL

W. F. Way, of St. Petersburg, for appellant.

John C. Blocker, of St. Petersburg, for appellees.

OPINION

PER CURIAM.

This appeal is from a decree dismissing a bill of complaint seeking to enjoin the issue by the city of Safety Harbor of $3,600 of 'Waterworks Revenue Certificates' for the purpose of making additions and improvements to an existing waterworks system of the city, without the approval of the freeholder electors of the city, as is required by section 6, article 9 of the Constitution of Florida, as amended in 1930. The revenue certificates are to be paid solely from the revenue derived from the operation of the said waterworks system and not otherwise.

The decree should be affirmed on the authority of State ex rel. v. City of Miami, 113 Fla. 280, 152 So. 6; State v. City of Daytona Beach, 118 Fla. 29, 158 So. 300; Boykin v. Town of River Junction (Fla.) 169 So. 492, filed July 17, 1936; Williams v. Town of Dunnellon (Fla.) 169 So. 631; and Bradley v. City of Homestead (Fla.) 169 So. 639, decided at this term.

Affirmed.

WHITFIELD, C.J., and TERRELL, BROWN, BUFORD, and DAVIS, JJ., concur.

ELLIS, P.J., concurs upon the principle announced in his specially concurring opinion in the case of State ex rel. City of Vero Beach v. MacConnell (Fla.) 169 So. 628, this day filed.