Vorhees v. City of Moore Haven

• Decision Date: 03 August 1936
• Citation: 125 Fla. 149,169 So. 641
• Parties: VORHEES v. CITY OF MOORE HAVEN et al.
• Court: Florida Supreme Court

169 So. 641

125 Fla. 149

VORHEES v. CITY OF MOORE HAVEN et al.

Florida Supreme Court

August 3, 1936

En Banc.

Suit by R. C. Vorhees against the City of Moore Haven, a municipal corporation, and others. From a decree dismissing the bill of complaint, R. C. Vorhees appeals.

Affirmed. Appeal from Circuit Court, Glades County; George W. Whitehurst, judge.

COUNSEL

B. A. Bales, of Moore Haven, for appellant.

J. M. Couse, of Moore Haven, for appellees.

OPINION

PER CURIAM.

This is an appeal from a decree dismissing a bill of complaint seeking to enjoin the issue of $19,000 'Waterworks Revenue Certificates' by the city of Moore Haven, 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 municipal waterworks system of the city of Moore Haven.

The waterworks revenue certificates 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, Williams v. Town of Dunnellon (Fla.) 169 So. 631, and Bradley v. City of Homestead (Fla.) 169 So. 639, Boykin v. Town of River Junction (Fla.) 169 So. 492, 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.