Miami Beach Airline Service v. Crandon

• Citation: 159 Fla. 504,32 So.2d 153
• Parties: MIAMI BEACH AIRLINE SERVICE, Inc. v. CRANDON et al.
• Decision Date: 07 October 1947
• Court: United States State Supreme Court of Florida

32 So.2d 153

159 Fla. 504

MIAMI BEACH AIRLINE SERVICE, Inc. v. CRANDON et al.

Florida Supreme Court

October 7, 1947

Appeal from Circuit Court, Dade County; Marshall C wiseheart, judge.

Nathanson Oka & Spaet, of Miami Beach, for appellant.

J. Mark Wilcox and Hudson & Cason, all of Miami, for appellees.

TERRELL, Justice.

The legislature of 1945 enacted Chapter 22963, designating the Board of County Commissioners of Dade County as the Dade County Port Authority and clothing it with numerous powers, the most important of which was to own and operate 'landing fields, water areas for the landing and taking off of air craft, hangers, shops, busses, trucks, and all other facilities for the landing, taking off, operating, servicing repairing and parking of aircraft, and the loading and unloading and handling of passengers, mail, express and freight; administration building, tunnels, causeways and bridges connected therewith or incident or auxiliary thereto and may include all title and other property rights easements and franchises relating to any such project and deemed necessary or convenient for the acquisition, construction, purchase or operation thereof.'

Other provisions of the act authorize the Dade County Port Authority to enlarge, construct and reconstruct such projects as are named in the preceding paragraph, to acquire lands by grant, gift, purchase, exchange or condemnation for that purpose, to execute agreements and contracts with railroads, steamship lines, air lines and other common carriers to carry out the purpose of said act, to fix and regulate rates and collect charges for the services and facilities furnished and to perform all other acts necessary to the exercise of the powers so conferred.

Pursuant to power so conferred the Dade County Port Authority acquired title to and has since been operating Miami International Airport (formerly known as 36th Street Airport, or Pan American Airport). On March 8, 1946, the Dade County Port Authority entered into contract with Red Top Cab and Baggage Company, granting it the exclusive concession to transport passengers from the Miami International Airport to points about the city. This contract also gave the Red Top Cab and Baggage Company exclusive right 'to transport by bus or similar vehicle, passengers of the Commercial Airlines between the ticket office of said airlines and said airport,' when requested by the airlines using the airport to do so.

This suit was instituted January 9, 1947, by bill in equity on the part of Dade County Port Authority to restrain appellant, Miami Beach Airlines Service, Inc., from soliciting passengers for hire within the property known as Miami International Airport, and from loading passengers for hire into its busses on said property and to declare the contract between Dade County Port Authority and Red Top Cab and Baggage Company a valid contract. The defendant answered the bill of complaint and challenges the authority of the Dade County Port Authority to execute and enforce said contract. As a further defense the answer says that defendant has a certificate of public convenience and necessity from the Florida Railroad Commission, authorizing it to perform the service contemplated by said contract.

On final hearing the chancellor held the contract to be valid and binding on the parties thereto, that the Dade County Port Authority had power to make such a contract and enjoined the appellant from soliciting passengers for hire within the property known and described as Miami International Airport. This appeal is from the final decree.

The essential question for determination turns on the validity of the contract drawn in question. The answer to this question turns on whether or not Chapter 22963, Acts of 1945, authorizes the Dade County Port Authority to make such a contract.

Appellant contends that the contract is invalid because it grants to Red Top Cab and Baggage Company an exclusive monopoly to transport passengers coming into Miami International Airport, that Chapter 22963 contemplates no such authority and that the effect of such a grant amounts to a nullification of the certificate of public convenience and necessity granted appellant by the Florida Railroad Commission.

As to the alleged conflict between the contract and the certificate of Public Convenience and Necessity, issued appellant by the Florida Railroad Commission, it is sufficient to say that the injunctive order does nothing more than restrain appellant from soliciting passengers for hire and loading them within the premises of Miami International Airport. The certificate of Public Convenience and Necessity shows on its face that it grants appellant a permit to operate a line of busses over the public highway until it reaches 36th Street and thence 'turning left on 36th Street proceeding directly to International 36th Street Airport and returning over the same route.' The Dade County Port Authority concedes the right of appellant and others to take on passengers at the 36th Street entrance but it denies them the right to solicit passengers within the Airport grounds. The certificate of Public Convenience and Necessity does not purport to authorize appellant to enter the premises of the Miami International Airport so it in no way conflicts with appellees' contract.

So much for the certificate of Public Convenience and Necessity. We come next to...