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Florida Attorney General Reports

Decided August 19, 1980Published

1Opinion of the Court

Samuel T. Adams Callaway City Attorney Apalachicola

QESTIONS:

1. May a municipality legally expend public funds to institute and prosecute an action to test the legal sufficiency of allegations contained in a recall petition brought against an individual city commissioner pursuant to s. 100.361, F.S., whether or not the subject allegations refer to acts or omissions committed in the performance of the commissioner's official duties?

2. If the answer to question 1 is in the negative, would a city commissioner whose recall petition was legally challenged with the use of public funds, and who voted…

2Cases cited15 opinions

  1. White v. CrandonSupreme Court of Florida · 1934
  2. State v. City of SunriseSupreme Court of Florida · 1978
  3. Bryant v. GraySupreme Court of Florida · 1954
  4. Markham v. State, Dept. of RevenueDistrict Court of Appeal of Florida · 1974
  5. Williams v. HowardSupreme Court of Florida · 1976

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