Miami-Dade County v. Palmetto Bay

This case involves the interpretation of Section 5.05 of the Dade County Home Rule Charter which authorizes the “Board of County Commissioners and only the Board ... [to] creat[e] ... new municipalities in the unincorporated areas of the county after hearing the recommendations of the Planning Advisory Board, after a public hearing, and after an affirmative vote of a majority of the electors voting and residing within the proposed boundaries _” (emphasis supplied).

Appellees ask the Court to read into Section 5.05 a requirement that the Board must hold an election when considering every…