Legal Opinion

Smith v. City of Pinellas Park

District Court of Appeal of Florida

Decided September 17, 1976No. 75-1775PublishedCited by 5 opinions

1Per curiam

Appellants appeal the dismissal with prejudice of their action seeking a declaratory judgment. We affirm.

Appellee city is governed by what is known as a “City Council-Manager” form of government and the city charter so stipulates. Under the Municipal Home Rule Powers Act, Ch. 166, F.S.1973, this form of government cannot be changed without referendum.1

Additionally, the charter vests the executive authority of the city in the city manager and the legislative authority in the city council. It also expressly gives the city manager the authority to appoint, hire and fire the chiefs of the police…

2Cases cited2 opinions

  1. Williams v. HowardSupreme Court of Florida · 1976
  2. Jack Eckerd Corp. v. MICHELS ISLAND VIL. PHARM., INC.District Court of Appeal of Florida · 1975

3Cited by5 opinions

  1. Apthorp v. DetznerDistrict Court of Appeal of Florida · 2015
  2. SUMTER CTY. v. DavisDistrict Court of Appeal of Florida · 1978
  3. Coconut Grove Civic Club v. City of MiamiDistrict Court of Appeal of Florida · 1997
  4. Ago, Florida Attorney General Reports1980
  5. Ago, Florida Attorney General Reports1981

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