City of Miami v. Department of Off-Street Parking of Miami

District Court of Appeal of Florida

City of Miami v. Department of Off-Street Parking of Miami

604 So. 2d 942, 1992 Fla. App. LEXIS 10229, 1992 WL 240647

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1992

DocketNo. 92-2087

StatusPublished

This text of 604 So. 2d 942 (City of Miami v. Department of Off-Street Parking of Miami) 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.

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City of Miami v. Department of Off-Street Parking of Miami, 604 So. 2d 942, 1992 Fla. App. LEXIS 10229, 1992 WL 240647 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The injunction entered below, which precluded an election on a proposed City of Miami charter amendment concerning the membership of the city’s Department of Off-Street Parking, is reversed and the cause is remanded with directions to dismiss the complaint. We reach this result, without prejudice to an appropriate subsequent determination on the merits if the amendment succeeds at the polls, because the circumstances fall far short of meeting the requirements for the drastic remedy of enjoining a duly authorized election. See Board of County Commissioners v. Wilson, 386 So.2d 556 (Fla.1980); Rivergate Restaurant Corp. v. Metropolitan Dade County, 369 So.2d 679 (Fla. 3d DCA1979); Wilson v. Dade County, 369 So.2d 1002 (Fla. 3d DCA1979), cert. denied, 373 So.2d 457 (Fla.1979). At this stage at least, the wisdom of the issue in question may properly be determined only by the electorate.

Reversed and remanded with directions.¹

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PER CURIAM.

The injunction entered below, which precluded an election on a proposed City of Miami charter amendment concerning the membership of the city’s Department of Off-Street Parking, is reversed and the cause is remanded with directions to dismiss the complaint. We reach this result, without prejudice to an appropriate subsequent determination on the merits if the amendment succeeds at the polls, because the circumstances fall far short of meeting the requirements for the drastic remedy of enjoining a duly authorized election. See Board of County Commissioners v. Wilson, 386 So.2d 556 (Fla.1980); Rivergate Restaurant Corp. v. Metropolitan Dade County, 369 So.2d 679 (Fla. 3d DCA1979); Wilson v. Dade County, 369 So.2d 1002 (Fla. 3d DCA1979), cert. denied, 373 So.2d 457 (Fla.1979). At this stage at least, the wisdom of the issue in question may properly be determined only by the electorate.

Reversed and remanded with directions.¹

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604 So. 2d 942, 1992 Fla. App. LEXIS 10229, 1992 WL 240647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-department-of-off-street-parking-of-miami-fladistctapp-1992.

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