Legal Opinion

Atlantic Coast Line Railroad v. City of Lakeland

Supreme Court of Florida

Decided August 1, 1927Published

1Concurrence 1

The Constitution provides that "the Legislature shall have power to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time." Section 8, Article VIII.

Such provision does not authorize the Legislature to confer upon municipalities jurisdiction or powers that conflict with any other controlling provision of organic law, or that unlawfully violate or invade organic personal or property rights. Jurisdiction or powers conferred upon municipalities contemplate a lawful exercise thereof; and such…

Also in this document: Concurrence · Strum.

2Cases cited28 opinions

  1. County of Mobile v. KimballSupreme Court of the United States · 1881
  2. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  3. Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
  4. Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
  5. Lainhart v. CattsSupreme Court of Florida · 1917

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