Taylor v. City of Miami

• Decision Date: 03 August 1936
• Citation: 125 Fla. 144,169 So. 644
• Court: Florida Supreme Court
• Parties: TAYLOR v. CITY OF MIAMI et al.

169 So. 644

125 Fla. 144

TAYLOR v. CITY OF MIAMI et al.

Florida Supreme Court

August 3, 1936

En Banc.

Suit by Stephen L. Taylor against the City of Miami, Florida, a municipal corporation organized and existing under the laws of the State of Florida, and others. From a decree dismissing the bill of complaint, Stephen L. Taylor appeals.

Affirmed. Appeal from Circuit Court, Dade County; Worth W. Trammell, judge.

COUNSEL

Charles L. Knowles, of Miami, for appellant.

J. W. Watson, Jr., of Miami, for appellees.

OPINION

PER CURIAM.

This is an appeal from a decree dismissing a bill of complaint seeking to enjoin the issue of $330,000 of water revenue certificates, series B, by the city of Miami, Fla., without an approving vote of the freeholder electors of the city, as required by Section 6, article 9, Constitution as amended in 1930; the purpose of the issue being for improvements and additions to the existing waterworks system of the city of Miami.

The water revenue certificates, series B, are to be paid solely from the revenue derived from the operation of the said waterworks system, and not otherwise.

The decree dismissing the bill of complaint should be affirmed upon the authority of State ex rel. v. City of Miami, 113 Fla. 280, 152 So. 6, and other similar cases. See, also, State ex rel. Vero Beach v. MacConnell, No. 1 (Fla.) 169 So. 628; Boykin v. Town of River Junction (Fla.) 169 So. 492; Williams v. Town of Dunnellon (Fla.) 169 So. 631; and Bradley v. City of Homestead (Fla.) 169 So. 639, decided at this term.

Affirmed.

WHITFIELD, C.J., and TERRELL, BROWN, BUFORD, and DAVIS, JJ., concur.

ELLIS, P.J., concurs upon the principle announced in his specially concurring opinion in the case of State ex rel. City of Vero Beach v. MacConnell (Fla.) 169 So. 628, this day filed.