City of Laurel Hill v. Sanders

District Court of Appeal of Florida

City of Laurel Hill v. Sanders

392 So. 2d 33, 1980 Fla. App. LEXIS 18292

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1980

DocketNo. UU-436

StatusPublished

Cited by2 cases

This text of 392 So. 2d 33 (City of Laurel Hill v. Sanders) 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

City of Laurel Hill v. Sanders, 392 So. 2d 33, 1980 Fla. App. LEXIS 18292 (Fla. Ct. App. 1980).

Pincite

Opinion

ROBERT P. SMITH, Jr., Judge.

Laurel Hill appeals from a circuit court judgment granting a writ of mandamus to require processing of appellees’ petition for municipal recall election according to Section 100.361, Florida Statutes (1979). Both here and in the circuit court the case was presented on the erroneous assumption that the City of Laurel Hill has no provision by charter or ordinance to recall municipal officers, so raising the false issue of whether the Section 100.361 recall procedures made “uniform statewide” by subsection (9) apply to Laurel Hill even though subsection (10) seems to limit application of the uniform procedures to “cities and charter counties which have adopted recall provisions.”

The need to reconcile subsections (9) and (10) is obviated by the fact that Laurel Hill’s charter, evidenced in the record, adopts in Section 7.g. “the provisions of the General Laws of the State of Florida pertaining to ... Municipal elections . . . . ” That language sufficiently references Chapter 100, Florida Statutes, entitled “General, Primary, Special, Bond, and Referendum [34]*34Elections,” and Section 100.361, entitled “Municipál recall,” to incorporate the latter’s recall procedures into Laurel Hill’s municipal law. The circuit court correctly ordered compliance with Section 100.361.

AFFIRMED.

THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ROBERT P. SMITH, Jr., Judge.

Laurel Hill appeals from a circuit court judgment granting a writ of mandamus to require processing of appellees’ petition for municipal recall election according to Section 100.361, Florida Statutes (1979). Both here and in the circuit court the case was presented on the erroneous assumption that the City of Laurel Hill has no provision by charter or ordinance to recall municipal officers, so raising the false issue of whether the Section 100.361 recall procedures made “uniform statewide” by subsection (9) apply to Laurel Hill even though subsection (10) seems to limit application of the uniform procedures to “cities and charter counties which have adopted recall provisions.”

The need to reconcile subsections (9) and (10) is obviated by the fact that Laurel Hill’s charter, evidenced in the record, adopts in Section 7.g. “the provisions of the General Laws of the State of Florida pertaining to ... Municipal elections . . . . ” That language sufficiently references Chapter 100, Florida Statutes, entitled “General, Primary, Special, Bond, and Referendum [34]*34Elections,” and Section 100.361, entitled “Municipál recall,” to incorporate the latter’s recall procedures into Laurel Hill’s municipal law. The circuit court correctly ordered compliance with Section 100.361.

AFFIRMED.

THOMPSON, J., and WOODIE A. LILES (Retired), Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

392 So. 2d 33, 1980 Fla. App. LEXIS 18292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-laurel-hill-v-sanders-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack