Town of Medley v. Seminole Rock Products, Inc.
| Decision Date | 15 March 1962 |
| Docket Number | No. 61-365,61-365 |
| Citation | 138 So.2d 534 |
| Parties | TOWN OF MEDLEY, a municipal corporation, Appellant, v. SEMINOLE ROCK PRODUCTS, INC., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Bolles & Prunty, Miami, and Leonard L. Kimball, North Miami, for appellant.
Blackwell, Walker & Gray, Miami, for appellee.
Before CARROLL, BARKDULL and HENDRY, JJ.
This appeal was brought seeking review of a final decree excluding and ousting the lands of the appellee from the territorial limits of the appellant.
The appellee's lands were within the territorial limits of the appellant for approximately 10 years, when the appellee (pursuant to § 171.02, Fla.Stat., F.S.A.) petitioned the lower court to exclude its lands from the corporate limits of the appellant. The answer of the Town of Medley was not included in the record on appeal and therefore, this court has not been apprised of the issues which were actually tried by the chancellor. Subsequent to a lengthy final hearing, the chancellor rendered a final decree in favor of the appellee ousting its lands from the corporate limits of the Town and cancelling a bond, which had been posted in conjunction with an agreement between the parties, which was introduced into evidence as appellant's Exhibit K.
Section 171.02, Fla.Stat., F.S.A., states as follows:
'Landowners may petition court to have certain land excluded from corporation limits.
'When any incorporated town (or city) containing less than one hundred and fifty qualified electors shall, owing to extent of territory, have embraced within the limits any lands which may from distance or other cause be virtually or commensurately excluded from the benefits of such municipal organization, it is lawful for any owners of such lands or three-fourths of them desiring to have the same excluded from such corporation limits and jurisdiction, to apply by petition to the circuit court in and for the county in which said incorporated town is situated, setting forth in said petition the limits of such incorporated town as then existing and the grounds of his or their objection to be included within the limits of such corporation; whereupon the circuit court shall order notice of said application to be served upon the mayor of said town or city and appoint a day for the hearing of such application. * * *'
The record on appeal clearly shows that there were less than 150 qualified electors in the Town of Medley on September 20, 1960, the date the petition to exclude the lands of the appellee was filed. This is the crucial date in determining the applicability of the aforementioned statute. City of Ocoee v. West, 102 Fla. 277, 130 So. 9; McCombs v. West, 5th Ct. 1946, 155 F.2d 601.
The test to determine whether or not lands may be excluded from the appellant's territorial limits is whether or not said lands '* * * may from distance or other cause be virtually and commensurately excluded from the...
To continue reading
Request your trial
-
Kel-Kan Inv. Corp. v. Village of Greenwood
...or other cause virtually and commensurately excluded from the benefits of the municipal organization. Town of Medley v. Seminole Rock Products, Inc., 138 So.2d 534 (Fla.App. 3d Dist. 1962). The South Dakota supreme court has said that the controlling reasons in cases such as this should be ......
-
Rudolph v. Rudolph, 62-143
...Under these condition an appellate court will not substitute its judgment for that of the chancellor. Town of Medley v. Seminole Rock Products, Inc., Fla.App.1962, 138 So.2d 534. Since the separation of parties, the husband has lived for the most part with his parents where he is not requir......
-
Morrison v. Smith, 70--951
...it has been made to appear that the findings are Clearly erroneous when considering all the evidence. Town of Medley v. Seminole Rock Products, Inc., Fla.App.1962, 138 So.2d 534. The test is not what the appellate court would have decided had they heard the original testimony but only wheth......
-
Smothers v. Smothers, 71-29
...of the law, such decree cannot remain undisturbed. Sponholtz v. Sponholtz, Fla.App.1964, 180 So.2d 497; Town of Medley v. Seminole Rock Products, Inc., Fla.App.1962, 138 So.2d 534; Joannou v. Joannou, Fla.App.1960, 117 So.2d In reviewing the record, I am of the opinion that the decree is ag......