Harz v. Paxton
| Decision Date | 07 February 1929 |
| Parties | HARZ v. PAXTON et al. |
| Court | Florida Supreme Court |
Error to Circuit Court, Seminole County; W. W. Wright, Judge.
Mandamus proceeding by A. W. Harz against C. P. Paxton and others. To review an order granting defendants' motion to quash alternative writ of mandamus and dismissing petition plaintiff brings error.
Affirmed.
Syllabus by the Court
Regulation of erection of filling stations and public garages is within police power. Regulation of erection of gasoline filling stations and public garages is within police power of state which may be delegated to city, since operation thereof involves acts which are potential menaces to public safety and health because of storage and handling therein of highly inflammable and explosive substances.
Dickinson & Dickinson, of Orlando, for plaintiff in error.
De Cottes & Spencer, of Sanford, for defendants in error.
In this cause writ of error was taken from an order of the circuit court of Seminole county, granting the motion of defendants in error to quash the alternative writ of mandamus and dismissing the petition of plaintiff in error.
It is contended here that Ordinance 152 of the city of Sanford Fla., regulating the issuance of building permits, prescribes no rule for the issuance of such permits, but attempts to substitute a government by boards and commissions in lieu of a government by law, leaving the issuance of such permits subject to the arbitrary will of said boards and commissions, to be granted or refused subject to their whim and caprice.
The answer to this question is determined by deciding whether or not the city of Sanford had duly authorized the defendants in error to issue building permits, and whether or not they had arbitrarily and unreasonably denied the plaintiff in error a permit in the instant case.
We have examined the record, and it appears that the city of Sanford is fully authorized to zone the city and to regulate by ordinance the issuance of building permits such as are here involved. When the ordinance in question and the action of the city officials pursuant thereto are considered with reference to the rules applicable to the exercise of the police power in the regulation of the erection of filing stations and public garages, the operation of which involves acts which are generally recognized as potential menaces to the public safety and health because of the storage and handling therein of highly inflammable and explosive substances, it does...
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