# State Ex Rel. City of Vero Beach v. MacConnell

> Supreme Court of Florida · August 3, 1936 · 125 Fla. 130

URL: https://www.frixlaw.com/law-library/cases/3383498

## Case

- **Full name:** State, Ex Rel. City of Vero Beach v. A.C. MacConnell, as City Clerk of City of Vero Beach. (Case No. 1 &8212 Water Supply System.)
- **Court:** Supreme Court of Florida
- **Decided:** August 3, 1936
- **Citations:** 125 Fla. 130; 169 So. 628
- **Precedential status:** Published
- **Opinion:** Concurrence by Ellis
- **Judges:** Whitfield, Terrell, Brown, Buford, Davis, Ellis
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3383498

## Opinion text

Ellis, P. J.
(concurring specially). — There should be added to the opinion words conveying the idea that it affirmatively appears that the City of Vero Beach is in nowise obligated directly or indirectly to exercise the. sovereign power of taxation to provide a fund to redeem the certificates.
The point should also be saved that in fixing the utility rate for the use of the commodity the city shall not be authorized to impose a larger rate than that which was in force at the time of the issuing of the certificates, or one commensurate with the rate then in force, otherwise an opportunity would be presented to city officials who seek to circumvent the provisions of Amended Section 6 of Art. IX to impose an excessive rate for the use of the commodity that would force .the citizens to conform to that rate or abandon the use of the utility .which
in
view of the health
*135
and convenience to the entire community involved may operate as a coercive force upon the city to exercise its sovereign power of taxation to meet the debt incurred by the certificates. See Kathleen Citrus Land Co. v. City of Lakeland, filed June 13, 1936.
Whitfield, C. J., and Terrell, J. J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3383498. Public record. Not legal advice.