Alsdorf v. Broward County

373 So. 2d 695
CourtDistrict Court of Appeal of Florida
DecidedJuly 11, 1979
Docket78-233
StatusPublished
Cited by10 cases

This text of 373 So. 2d 695 (Alsdorf v. Broward County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alsdorf v. Broward County, 373 So. 2d 695 (Fla. Ct. App. 1979).

Opinion

373 So.2d 695 (1979)

William J. ALSDORF et al., Appellants,
v.
BROWARD COUNTY, a Political Subdivision of the State of Florida, Appellee.

No. 78-233.

District Court of Appeal of Florida, Fourth District.

July 11, 1979.
Rehearing Denied August 24, 1979.

*696 C. Lavon Ward, Fort Lauderdale, for appellants.

Betty Lynn Lee, General Counsel, Fort Lauderdale, for appellee.

Zebedee W. Wright, Fort Lauderdale, for intervenors, Robert Allen and Charles K. Vermorel.

BERANEK, Judge.

Plaintiff appeals a judgment entered May 18, 1977, by the Circuit Court in Broward County. The controversy below relates to the validity of certain county taxes as levied against incorporated and unincorporated areas of the county. The parties *697 now involved are the plaintiffs — mayor and residents of certain municipalities; the defendant — Broward County; and the intervenors — taxpayers who are residents and owners of land in the unincorporated areas of the county. The case, in an earlier form, was considered by the Florida Supreme Court in Alsdorf v. Broward County, 333 So.2d 457 (Fla. 1976). This opinion sets forth the background from a factual and legal point of view. Suit was initially brought by numerous municipal mayors in their official capacities and as individual taxpayers. Basically the mayors challenged county property taxes levied on real estate within municipal boundaries in light of Article VIII, Section 1(h) of the Florida Constitution which provides: "Taxes; Limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas." The plaintiffs contended numerous county expenditures for various services were of no "real and substantial benefit" to the residents of the municipalities and that taxing of the land within the municipalities was, therefore, improper under the aforementioned constitutional provision. The trial court initially dismissed the action on the ground that the constitutional provision was too vague without further legislative guidelines. The Supreme Court reversed and held the constitutional provision to be self-executing. The case was remanded to the trial court with directions, "that with or without legislative interpretation the courts will be required to draw the lines between acceptable and prohibited municipal taxation." The Supreme Court directed the trial court to exercise its "inherent equitable powers to fashion a suitable remedy for the resolution of this controversy." In short, the trial court was ordered to decide the very difficult question of which county services were of real and substantial benefit to municipal dwellers.[1] The Supreme Court also encouraged the parties to agree among themselves to a settlement of the controversy.

After remand a settlement did not occur although substantial efforts were made in that regard. The defendant/county and the plaintiffs entered into a stipulation which disposed of many of the matters in controversy and which further isolated the issues to be tried before the court. Basically, the stipulation of the county and the plaintiffs was that three issues remained to be tried. These issues were the county programs relating to (1) libraries, (2) emergency medical services, and (3) parks and recreation. In addition the county and plaintiffs stipulated that the Sheriff's road patrol was of no benefit to the incorporated areas and that the municipalities would not be taxed for this service. The Sheriff's road patrol had been a major dispute in the previous trial. At that time the county took a completely contrary position and asserted the road patrol to be of benefit to city residents.

Before the stipulation was filed and before the second trial began, certain taxpayers who were residents of the unincorporated areas of the county petitioned to intervene. Over objection of the plaintiffs, intervention was allowed. Basically, the intervenors sought to litigate the issue of the Sheriff's road patrol and to overturn the stipulation of the plaintiffs and the county which removed it as an issue to be litigated. Intervenors' position was that the road patrol was of benefit to municipal residents and that, therefore, the tax burden for this service should be spread county-wide on municipal and unincorporated lands alike rather than placing the entire tax burden on the unincorporated area.

An extended non-jury trial resulted in the judgment in question. The trial court made numerous factual findings in its attempt to carry out the mandate of the Supreme Court of determining exactly which services were of real and substantial benefit to municipal residents. The essential *698 provisions of the final judgment are five in number.[2]

The judgment was not a clear-cut victory for any party. The mayors, as plaintiffs below, now occupy the position of appellants. Broward County and the intervenors are the appellees. Although some of the trial court's rulings were adverse to the positions or the stipulations of the county in the trial court, the county does not seek reversal of these findings on appeal.

Initially, the trial court determined as a matter of fact that the county library program was of real and substantial benefit to municipal residents and that the taxation of the municipalities in this respect was proper. Appellants urge error in this ruling.

In regard to the county-wide emergency medical service program, the court found that taxation of certain municipalities was improper. This finding was based on the fact that the county was not truly providing services to the municipal residents but was instead offering to municipal governments the option of co-operating in the county-wide program. The trial court ruled that the county taxes were improper in those situations where the individual city was providing its own emergency medical service. Therefore, the ruling was that an allocable portion of the overall expense of the emergency medical service constituted an improper tax on the municipalities but only as to those cities who were providing their own programs. This ruling is not questioned on appeal.

In regard to parks and recreation, the trial court considered the entire county program and determined that the greatest portion of the program was properly taxable against both municipal and unincorporated lands. However, the court isolated certain "neighborhood parks" which were located solely in unincorporated areas and concluded that a tax on municipal properties for the expense of neighborhood parks was improper. This ruling is also not questioned on appeal.

As to the Sheriff's road patrol, the court refused to accept the stipulation of the county and the plaintiffs to the effect that this service was of no benefit to municipal residents. The court, at the insistence of the intervenors, found that the Sheriff's road patrol was of real and substantial benefit to municipal residents and that the tax burden for this service should thus be spread throughout the entire county and not be merely limited to unincorporated lands. Appellants/plaintiffs alone assert this to be error. The last ruling was in regard to a request for refunds of alleged improperly collected taxes. All requested refunds were denied. Again, only appellants/plaintiffs urge error in this regard.

In addition to the above points on libraries, the road patrol and refunds, appellants also assert error regarding the intervention and the rejection of the stipulation between plaintiffs and the county.

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