West v. Town of Lake Placid

• Decision Date: 06 February 1929
• Citation: 97 Fla. 127,120 So. 361
• Parties: WEST et al. v. TOWN OF LAKE PLACID.
• Court: Florida Supreme Court

120 So. 361

97 Fla. 127

WEST et al. v. TOWN OF LAKE PLACID.

Florida Supreme Court

February 6, 1929

En Banc.

Proceeding by the Town of Lake Placid to validate general improvement bonds of said town, in which C.J. West and others, resident taxpayers, intervened. From a decree validating the bonds interveners appeal.

Affirmed.

Syllabus by the Court

SYLLABUS

General improvement bonds of town held not void, though private corporations were incidentally benefited thereby (Sp. Laws 1927, c. 12990; Const. art. 9,§ 7). General improvement bonds, issued by town of Lake Placid under Sp. Laws 1927, c 12990, constituting charter of said town, held not violative of Const. art. 9, § 7, as being primarily for benefit of private corporations, where private corporations were merely incidentally benefited along with other persons.

Constitutionality of statute is not to be tested by influence securing its enactment or motives of Legislature. The constitutionality of a statute is not to be tested by influence brought to bear to secure its enactment or by motives or purposes which may have actuated Legislature; such questions, at least in absence of fraud or most palpable abuse of power, being matters of legislative, not judicial, concern.

Attempted incorporation of municipality which is absolute nullity may be collaterally attacked. Where an attempted incorporation of a municipality is an absolute nullity, such incorporation may be collaterally attacked.

Town of Lake Placid, organized under color of legislative authority and assuming duties of local government, held at least a 'de facto municipality' (Sp. Laws. 1927, c. 12990). Since town of Lake Placid was organized and put in operation under Sp. Laws 1927, c. 12990, constituting its charter act and officers were elected and duties of local government under its charter assumed with acquiescence of inhabitants of municipality, it became at least a 'de facto municipality.'

Existence of de facto municipality can be challenged only by state in direct proceeding, and it may continue to exercise its functions until judgment of ouster. Existence of a de facto municipality can be challenged only by the state in a direct proceeding, such as quo warranto, instituted through its Attorney General or such other person as may be lawfully authorized or entitled by reason of nature of rights involved to invoke the remedy, and, until it is so challenged and terminated by judgment of ouster, it may continue to exercise its powers and discharge its governmental functions.

Statute providing for election of three town commissioners at large and for such commissioners choosing two other commissioners to represent certain territory held not repugnant to equal protection clause (Sp. Laws 1927, c. , 12990; Const. U.S Amend. 14; Const. Fla. art. 9, §§ 1, 5). Sp. Laws 1927, c. 12990, providing that town of Lake Placid shall be governed by commission of five members, three of whom are to be elected by voters at large and remaining two chosen by such three commissioners to represent newly annexed territory from nominees designated by taxpayers in such territory, and each of five commissioners having a veto power on district's power to impose taxes, expend public funds, and make general improvements, held not repugnant to equal protection clause of Const. U.S. Amend. 14, since Const. art. 9, §§ 1, 5, would preclude any construction resulting in lack of equality or uniformity.

To be repugnant to equal protection clause, classification must be clearly arbitrary and unreasonable (Const. U.S. Amend. 14). To be repugnant to equal protection clause of Const. U.S. Amend. 14, selection or classification by state Legislature must be clearly arbitrary or unreasonable, having no just relation to real differences in subject-matter of regulation, and mere irregularity alone or lack of abstract symmetry does not offend against such provision; matter of classification being practical one, dependent on experience.

Municipality in its purely governmental relations is subordinate political subdivision of state for local government purposes. In its purely governmental relations, a municipality is a subordinate political subdivision of the state, created for purposes of local government.

Manner of exercising right to vote in local municipal elections is within Legislature's regulatory powers (Const. art. 8, § 8). Under Const. art. 8, § 8, empowering Legislature to establish and abolish municipalities and provide for their government, the method and manner in which right to vote shall be exercised in local municipal elections is peculiarly within regulatory powers of Legislature, and this power is plenary except as restrained by other provisions of State or Federal Constitutions.

Charter provision requiring improvement bonds to be voted on by qualified voters held not inconsistent with and did not repeal general statute limiting right to vote to freeholders (Sp. Laws 1927, c. 12990, § 47; Laws 1923, c. 9294; Const. art. 3, 24). Charter of town of Lake Placid (Sp. Laws 1927, c. 12990, § 47), providing that issuance of general improvement bonds shall be voted on by legally qualified voters, and by another provision repealing all laws in conflict therewith, is not inconsistent with Laws 1923, c. 9294 (now Comp. Gen. Laws 1927, § 250), making it unlawful for any person to vote in any bond election who is not a freeholder and who is not otherwise qualified as a voter, and the general statute is therefore not repealed by the charter provision as to said town, under Const. art. 3, § 24.

For special law respecting municipality to control over general law, statutes must be inconsistent (Const. art. 3, § 24). For a special law with reference to the government of a municipality to control over a general law, under Const. art. 3, § 24, the two laws must be inconsistent.

Under proper legislative authority, ownership and operation of public golf course is permissible 'municipal function' (Const. art. 9, § 5). When proper authority is granted by Legislature, ownership, maintenance, and operation of a public golf course is a permissible 'municipal function' under Const. art. 9, § 5. [Ed. Note.--For other definitions, see Words and Phrases, Second and Third Series, Municipal Function.]

What is public municipal function is for ultimate judicial determination, though due weight will be given to legislative determination. What is a public municipal function is always for ultimate judicial determination, though due weight will be given to a determination by Legislature.

That town contemplated using part of proceeds of general improvement bonds to retire indebtedness for preliminary work on public golf course held not to invalidate bonds (Sp. Laws 1927, c. 12990, §§ 3-H, 47, 48, 92; Laws 1927, c. 11855). Under charter of town of Lake Placid, Sp. Laws 1927, c. 12990, §§ 3-H, 48, authorizing town to acquire and maintain golf courses, section 92, authorizing it to borrow to provide for expenses for commencing or carrying on of golf courses or other public work until sufficient taxes are collected, and section 47, providing that proceeds of general improvement bonds may be used for any purpose declared by five votes of commission to me of public nature, fact that town may contemplate using part of proceeds of general improvement bonds to retire indebtedness for preliminary work on public golf course held not such abuse of authority in issuance of bonds as to render them invalid, even if Laws 1927, c. 11855, relating to refunding bonds, applied.

Town's general improvement bonds did not become 'refunding bonds' because part of proceeds were to be used to pay preliminary indebtedness in establishing golf courses (Sp. Laws 1927, c. 12990, §§ 3-H, 48, 92; Laws 1927, c. 11855). General improvement bonds issued by town of Lake Placid under its charter (Sp. Laws 1927, c. 12990) did not become 'refunding bonds' within Laws 1927, c. 11855, prescribing procedure for issuing refunding bonds, because of proposed payment from proceeds of indebtedness for preliminary work on proposed municipal golf course, authorized under sections 3-H, 48, 92, of such Charter Act, but they were original bonds for purpose, in part, of originally funding or paying off expressly authorized floating debt. [Ed. Note.--For other definitions, see Words and Phrases, Third Series, Refunding Bond.]

Objection to validity of general improvement bonds because of alleged illegality of proposed disbursement of proceeds could not be considered in bond validation proceeding (Sp. Laws 1927, c. 12990; Rev. Gen. St. 1920, § 3296 et seq., as amended [now Comp. Gen. Laws 1927, § 5106 et seq.]). Objection that fact that proceeds of general improvement bonds issued by town of Lake Placid under its charter (Sp. Laws 1927, c. 12990) were to be used in part to pay antecedent loan from corporation rendered bonds invalid because one of commissioners who voted for issuance of bonds, and whose vote was essential, was manager of such corporation, could not be entertained in bond validation proceeding, under Rev. Gen. St. 1920, § 3296 et seq., as amended (now Comp. Gen. Laws 1927, § 5106 et seq.), since it pertained, not to validity of bonds, but to propriety and regularity of a proposed disbursement of proceeds.

Court cannot take judicial notice of probable life of fire truck. Court cannot take judicial notice of the probable life of a fire truck even when measured by the most remote maturity of fire truck bonds issued by town, which is eighteen years.

Appeal from Circuit Court, Highlands County; W. J. Barker, judge.

COUNSEL

W. D. Bell, of Arcadia, for appellants.

Treadwell & Treadwell, of Arcadia, and R. A. Rasco, of Sebring, for appellee.

OPINION

STRUM J.

This is a statutory...