Raney v. City of Lakeland
| Decision Date | 08 June 1956 |
| Citation | 88 So.2d 148 |
| Parties | Alice RANEY et al., Appellants, v. CITY OF LAKELAND and Garden Club of Lakeland, Inc., Appellees. |
| Court | Florida Supreme Court |
Raymond C. Smith, Lakeland, for appellants.
J. C. Rogers, Lakeland, for City of Lakeland.
Bentley & Shafer, Lakeland, for Garden Club of Lakeland, Inc.
Appellants Raney et al., who were plaintiffs below, seek reversal of a summary final decree denying an injunction and sustaining the validity of a 99-year lease of publicly-owned land by a municipality to a non-profit corporation, appellee Garden Club of Lakeland, Inc.
The question for determination is the validity of a long term lease of publiclyowned land by a municipal corporation to a non-profit corporation for purposes revealed by the record and subject to the restrictions hereinafter set forth.
In 1952, at a cost of $12,500 the City of Lakeland acquired the vacant land in question. The land is located in the vicinity of the Civic Center in downtown Lakeland and the record suggests that it was originally contemplated that the property would be used for off-street parking of motor vehicles, although this was not a restriction in the deed of acquisition. It was never so used to any extent.
On September 28, 1954, the city, as lessor, executed in favor of certain individuals, as trustees of the Garden Club of Lakeland, Inc., a 99-year lease covering the land at an annual rental of $1 and other considerations. Among other things the lease provided that the lessee would not permit any use of the land for any purpose 'of industry or commerce for private gain but shall use said premises only in furtherance of the general objects of the Garden Club of Lakeland, Inc.', as provided in the publicly-recorded charter of the non-profit corporation. The lease further provided that the lessee would establish and maintain upon the premises a public library dealing with the growing and propagation of flowers, ornamental shrubbery, plants and lawn grasses and allied subjects, that the lessee would maintain upon the premises a service for dissemination of educational information in the field of horticultural beautification and that such library and service 'shall be available to the lessor and to citizens of Lakeland, Florida as a public service'. Lessee agreed to construct a suitable building to house the library and offices, to provide an auditorium, club rooms and exhibition facilities. The building was to be started within two years at the expense of the lessee. There were the usual clauses for protecting the lessor with public liability insurance, covenants against assignment and subletting and cancellation on thirty days notice upon breach of any covenant. The improvements revert to the city with the land at the end of the term.
The execution of the lease was objected to by certain groups alleging themselves to be citizens and taxpayers of the City of Lakeland as well as others who were members of the Winter Tourist Club and Shuffleboard Club. The complaining groups appeared to be those who customarily used the Winter Tourist Club facilities at the Civic Center for such activities as lawn bowling, shuffleboard playing and other winter visitor enterainments and diversions typical to such groups all over Florida. The complaint is grounded on the alleged lack of authority of a municipal corporation to lease public property 'for private purposes' and in addition, the plaintiffs alleged that the land was originally acquired as an off-street motor vehicle parking facility, that Lakeland needs such facilities, especially in the vicinity of the Civic Center, and that the lease to the Garden Club is an illegal diversion of public property to a purpose other than that for which it was allegedly acquired.
Upon the filing of an answer by the city, the parties agreed that the sole question was the validity of the lease, and on motion for summary judgment, the Chancellor, with a very thorough and lucid opinion, decreed that the lease was valid and that the complaint should be dismissed. Reversal of this decree is sought by this appeal.
Appellants contend here, as they did in the trial court, that the execution of this lease is prohibited by Section 10 of Article IX of the Florida Constitution, F.S.A., as well as by the general principle that under the circumstances outlined, public property cannot be diverted to 'private purposes'.
Appellees contend that the Garden Club of Lakeland, Inc., is a non-profit quasi public corporation, that the execution of this lease is in fulfillment of a public municipal function of the City of Lakeland, and that the lease does not constitute the employment of public funds or the pledging of public credit for private purposes.
The decree of the Chancellor must be affirmed.
The applicable portion of Section 10, Article IX of the Florida Constitution reads:
'* * * The Legislature shall not authorize any county, city, borough, township or incorporated district to become a stockholder in any company, association or corporation, or to obtain or appropriate money for, or to loan its credit to, any corporation, association, institution or individual.'
Section 8, Chapter 10754, Special Acts of Florida, 1925, the same being the charter of the City of Lakeland, provides in part:
That it 'may hold real estate * * * and dispose of the same for the benefit of the city * * * and may sell, lease or dispose of said property for the benefit of the city to the same extent that natural persons might do; * * *.'
The validity of the acts of municipal officials must be tested by applicable constitutional provisions as well as the expressed or necessarily implied authorizations of the city charter.
The lease involved recited that the city had no present or anticipated need for the land for governmental purposes and that it was executed to permit the enlargement of the program and facilities of the Garden Club for the furtherance of its work in behalf of the general welfare. Admitting the existence of the power, such decisions of municipal officials will not be disturbed absent a showing of fraud, bad faith or abuse of discretion. None is shown here. In this connection the Garden Club agreed to construct an appropriate building at its own expense. It agreed to establish and maintain a public library dealing with the growing and propagation of flowers, ornamental shrubbery,...
To continue reading
Request your trial
-
O'Neill v. Burns
...and lands would revert to the City after 35 years. The Chancellor thought Raney v. City of Lakeland 5 similar to the case at bar. The Raney case involved a lease of certain municipal property by the City of Lakeland to the Garden Club of Lakeland for a nominal rental. The lessee was require......
-
Nation v. State ex rel. Fire Fighters Local 279, I.A.F.F.
...78 Wyo. 432, 329 P.2d 264, 266, 76 A.L.R.2d 525.3 Town of Othello v. Harder, 46 Wash.2d 747, 284 P.2d 1099, 1102; Raney v. City of Lakeland, Fla., 88 So.2d 148, 150; Sheehan v. Altschuler, 148 Conn. 517, 172 A.2d 897, 900; City of Miami v. Shires, Fla.App., 167 So.2d 22, 24.4 Joly v. Savewa......
-
Williams v. Turrentine
...663; City of Clearwater v. Caldwell, Fla.1954, 75 So.2d 765; City of West Palm Beach v. State, Fla.1959, 113 So.2d 374; Raney v. City of Lakeland, Fla.1956, 88 So.2d 148; Panama City v. State, Fla.1957, 93 So.2d 608; State ex rel. Ervin v. Cotney, Fla.1958, 104 So.2d 346; Panama City v. Sev......
-
Jackson-Shaw Co. v. Aviation Authority
...was wise as a matter of policy was in the discretion of the city's officers and electors to determine. Id. Second, in Raney v. City of Lakeland, 88 So.2d 148 (Fla.1956), this Court addressed whether a ninety-nine-year lease of publicly-owned land by a municipality to a nonprofit corporation......