Opinion

State of Florida Ex Rel. Davis v. City of Stuart

  • 97 Fla. 69
  • 120 So. 335
Court
Supreme Court of Florida
Filed
Jan 30, 1929
Status
Published
On the bench
Brown, Buford, Ellis, Strum, Terrell, Whitfield
Cited by
76 cases

“Primacy of position in our State Constitution is accorded to the Declaration of Rights. . . . These Declarations of Rights . . . have cost much, and breathe the spirit of that sturdy and self-reliant philosophy of individualism which underlies and supports our entire system of government.”

How later courts described this case

  • “Primacy of position in our State Constitution is accorded to the Declaration of Rights. . . . These Declarations of Rights . . . have cost much, and breathe the spirit of that sturdy and self-reliant philosophy of individualism which underlies and supports our entire system of government.”
  • sufficient “community of interest” should exist between the annexed and annexing areas.
  • establishment of municipal boundaries is exclusively legislative power

Written by the judges who cited it.

Distinguished

  • Distinguished by State ex rel. Bower v. City of Tampa, 1975 Fla. App. LEXIS 14163 (1975)

    Davis v. City of Stuart, 1929, 97 Fla. 69, 120 So. 335, ousting outlying remote areas, are inapplicable in a case such as this where, although municipal services are not rendered, taxes are not paid.
    District Court of Appeal of FloridaJul 9, 1975Read it

The opinion

Since the above was written and the action therein indicated taken by this Court, the respondent has signified to the Court that it has no desire to file an amended answer.

It is therefor ordered that the judgment of ouster be entered as prayed.

TERRELL, C. J. AND WHITFIELD, ELLIS, STRUM AND BUFORD, J. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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