Nolle v. Brevard County
| Decision Date | 10 January 1931 |
| Citation | 100 Fla. 1692,131 So. 776 |
| Parties | NOLLE v. BREVARD COUNTY et al. |
| Court | Florida Supreme Court |
Suit by A. N. Nolle against Brevard County and others. The Circuit Judge sustained a demurrer to the bill of complaint, and complainant appeals.
Reversed. Appeal from Circuit Court, Brevard County; W W. Wright, judge.
L. B Newman, of Titusville, for appellant.
Smith Crofton & Wilson, of Titusville, for appellees.
The circuit judge sustained a demurrer to a bill of complaint seeking an injunction against the issue by the county of county bonds in lieu of road and bridge district bonds now outstanding in the county, under chapter 13937, Sp. Acts 1929; a contention of the complainant below being that section 6, article 9, Constitution, as amended in 1930, forbids the issue of such bonds without the required approving vote of the electorate. The complainant, a citizen, resident, and taxpayer in the county, appealed.
Chapter 13937, Sp. Acts 1929, does not make the outstanding road and bridge district bonds in Brevard county bonds of the county, but merely authorizes county bonds to be issued in lieu of such district bonds; the highways for which the district bonds were issued being a county purpose for which county bonds may be issued under legislative authority. State v. Brevard County, 99 Fla. 226, 126 So. 353.
Chapter 11855, Acts of 1927, authorizes a county to issue refunding bonds for the purpose of refunding any bonds for the payment of which the credit of said county is pledged; and amended section 6, article 9, Constitution, permits a county to issue refunding bonds without an approving vote of the electorate as therein required for the original issue of bonds; but such refunding bonds must be exclusively for the purpose of refunding bonds of the county, and bonds of a taxing district are not made bonds of a county by a statute which merely authorizes county bonds to be issued in lieu of district bonds and does not make the district bonds the bonds of the county. In such case the bonds to be issued by the county are as to the county, original and not refunding bonds, and under amended section 6, article 9, Constitution, the county has power to issue such bonds only after the same shall have been approved by a majority of the votes cast in an election in which a majority of the freeholders who are qualified electors residing in such county...
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...See In re Advisory Opinion, 94 Fla. 967, 114 So. 850; State v. City of Miami, 100 Fla. 1388, 131 So. 143; Nolle v. Brevard County, 100 Fla. 1692, 131 So. 776; Sullivan v. City of Tampa, 101 Fla. 298, 134 211; Savage v. Board of Public Instruction, 101 Fla. 1362, 133 So. 341; State v. Specia......
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