Legal Opinion · Concurrence

State ex rel. Lee v. City of Cape Coral

Supreme Court of Florida

Decided January 31, 1973No. Nos. 41661, 41673Published

1ConcurrenceErvin, Justice

In the 1960’s Gulf American Corporation developed a massive tract of closely knit subdivisions in a previously undeveloped area of Lee County. The development was known as Cape Coral. In 1970, the Legislature passed a Special Act, Ch. 70-623, tentatively establishing and organizing the “City of Cape Coral.” Actual implementation of the Act was dependent upon approval through referendum of the people residing within the proposed City limits. The referendum passed successfully.

Although the subdivision area comprised 30 square miles in area, the boundaries set up by Special Act encompassed an…

2Cases cited7 opinions

  1. State of Florida Ex Rel. Davis v. City of StuartSupreme Court of Florida · 1929
  2. State Ex Rel. Attorney General v. City of Avon ParkSupreme Court of Florida · 1933
  3. County of Henrico v. City of RichmondSupreme Court of Virginia · 1941
  4. State Ex Rel. Davis v. Town of Lake PlacidSupreme Court of Florida · 1933
  5. Gillete v. City of TampaSupreme Court of Florida · 1952

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