State Ex Rel. Davis v. City of Pompano

Decision Date11 December 1933
Citation151 So. 485,113 Fla. 246
PartiesSTATE ex rel. DAVIS, Atty. Gen., et al. v. CITY OF POMPANO.
CourtFlorida Supreme Court

Error to Circuit Court, Broward County; G. W. Tedder, Judge.

Quo warranto proceeding by the State, on the relation of Fred H Davis, Attorney General, and another against the City of Pompano. To review an adverse judgment, relators bring error.

Reversed with directions.

COUNSEL

Cary D. Landis, Atty. Gen., and McCune, Hiaasen &amp Fleming, of Fort Lauderdale, for plaintiffs in error.

C. E. Farrington, of Fort Lauderdale, for defendant in error.

OPINION

BUFORD Justice.

This case is before us on writ of error to a judgment in quo warranto proceedings brought to contest the validity of chapter 13324, Special Acts of the Legislature of 1927.

It is needless for us to discuss the principles of law involved in this case, because, as it appears to us, they have all been settled adversely to the contentions of the defendant in error in the opinions and judgments in the cases of State ex rel. Davis v. Town of Lake Placid, opinion filed April 13, 1933, reported (Fla.) 147 So. 468, and State ex rel. Davis v. City of Largo, opinion filed May 2, 1933, reported (Fla.) 149 So. 420, 421.

Especially is the holding of this court in the latter case applicable here.

In that case we said: 'Undoubtedly, under the provisions of section 8 of article 8 of the Constitution of Florida, the Legislature has the power to establish municipalities, and to extend boundaries. But in exercising such authority it should at all times be kept in mind that the objects and purposes of such establishment or extension is to provide for an aggregation or community of people, and not simply an indiscriminate location of territory without regard for the requirements of the inhabitants. A sparsely settled area chiefly used for groves, farms, or gardens, or which is wild, unimproved, and vacant land and not needed for habitation or municipal purposes is not ordinarily within the meanpurposes or purpose of the Constitution. A most enlightening and interesting history and analysis of this subject is given in the opinion of Justice Whitfield in case of State ex rel. v. Avon Park, 149 So. 409, delivered at the present term of this court. While under the facts in the Avon Park Case it was held that quo warranto was not the proper remedy under that writ unless further amended, the case now under...

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10 cases
  • State Ex Rel. Harrington v. City of Pompano
    • United States
    • Florida Supreme Court
    • 1 December 1938
    ...justify such inclusion, when the land so included and taxed can receive no benefits from the municipality. The lands annexed under Chapter 13324, supra, fall within the rule above stated, and in addition thereto it is sparsely settled, wild, unimproved and vacant lands and not needed for ha......
  • City of Winter Haven v. A. M. Klemm & Son
    • United States
    • Florida Supreme Court
    • 5 April 1938
    ...64 A.L.R. 1307; State v. Avon Park, 108 Fla. 641, 149 So. 409; State v. Town of Lake Placid, 109 Fla. 419, 147 So. 468; State v. Pompano, 113 Fla. 246, 151 So. 485; State v. Fort Lauderdale, 102 Fla. 1019, 136 So. 889; State v. Homestead, 100 Fla. 361, 130 So. 28; State v. Largo, 110 Fla. 2......
  • Town of Ocean Ridge, Palm Beach County v. Certain Lands Upon Which Taxes Due Town of Ocean Ridge Are Delinquent
    • United States
    • Florida Supreme Court
    • 19 December 1947
    ... ... from should be affirmed on the authority of State ex rel ... Davis v City of Stuart, 97 Fla. 69, 120 So ... State ex rel ... v. City of Pompano, 1933, 113 Fla. 246, 151 So. 485 (per ... Judge Buford), ... ...
  • State ex rel. Bibb v. City of Reno
    • United States
    • Nevada Supreme Court
    • 17 March 1947
    ... ... which deprive landowners of property rights protected by the ... constitution. State ex rel. Davis v. Stuart, 97 Fla ... 69, 120 So. 335, 64 A.L.R. 1307; State ex rel. Davis v ... City of Pompano, 113 Fla. 246, 151 So. 485; Searle ... v ... ...
  • Request a trial to view additional results

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