Legal Opinion

State Ex Rel. Davis v. City of Homestead

Supreme Court of Florida

Decided July 28, 1930PublishedCited by 9 opinions

1Opinion of the CourtWhitfield, J.

— Defining and changing municipal boundaries are primarily legislative or administrative functions, but the legality of such boundaries as affecting property right's is a matter of judicial cognizance. Section 1918, Revised General Statutes 1920, Section 3051, Compiled General Laws 1927, originally enacted in Section 2, Chapter 3163, Acts of 1879, amending Chapter 1688, Acts of 1869, and Chapter 3025, Acts 1877, is as follows:

“If any incorporated city or'town shall desire to change it's territorial limits by the annexation of any unincorporated tract of land lying contiguous thereto and…

2Cases cited4 opinions

  1. City of Jacksonville v. BowdenSupreme Court of Florida · 1914
  2. Saunders v. Provisional MunicipalitySupreme Court of Florida · 1888
  3. Town of Ormond v. ShawSupreme Court of Florida · 1905
  4. City of Orlando v. WaterSupreme Court of Florida · 1905

3Cited by9 opinions

  1. City of Winter Haven v. A. M. Klemm & SonSupreme Court of Florida · 1938
  2. State Ex Rel. Harrington v. City of PompanoSupreme Court of Florida · 1938
  3. Klich, Et Ux. v. Miami Land Development Co.Supreme Court of Florida · 1939
  4. State Ex Rel. Landis v. Town of Lake PlacidSupreme Court of Florida · 1935
  5. The City of Sebring v. Harder Hall, Inc.Supreme Court of Florida · 1942

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