Florida Little Major League Ass'n v. Gulfport Lion's Little League, Inc.

127 So. 2d 707, 1961 Fla. App. LEXIS 2975
CourtDistrict Court of Appeal of Florida
DecidedMarch 10, 1961
DocketNo. 1955
StatusPublished
Cited by7 cases

This text of 127 So. 2d 707 (Florida Little Major League Ass'n v. Gulfport Lion's Little League, Inc.) 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
Florida Little Major League Ass'n v. Gulfport Lion's Little League, Inc., 127 So. 2d 707, 1961 Fla. App. LEXIS 2975 (Fla. Ct. App. 1961).

Opinion

SHANNON, Judge.

Appellants, plaintiffs below, seek a reversal of a decree denying injunctive relief and dismissing with prejudice their complaint for declaratory and other relief. The appellees, Gulfport Lion’s Little League, Inc., and the City of Gulfport a municipal corporation, were defendants below.

The real question in issue is whether the City of Gulfport may enter into a lease with Gulfport Lion’s Little League, Inc., a nonprofit corporation, and lease to it for a period of ten years a portion of a park for the purpose of using the same as a baseball field. The chancellor, after taking testimony, refused to grant a temporary injunction to the plaintiffs and dismissed their bill with prejudice. The validity of the lease is dependent upon whether the City has the power to lease to a nonprofit corporation for purposes set out in the record and subject to the restrictions that we will set forth here.

The piece of property involved herein, known as Tomlinson Park, has been dedicated to public uses as a public park since May 9, 1924. The lease referred to was only for a portion of the dedicated property. The Florida Little Major League Association, Inc., and the Gulfport Lion’s Little League, Inc., are both nonprofit Florida corporations which organize and sponsor baseball for small boys. Prior to the time that this controversy arose, the Gulfport Lion’s Little League, Inc., and its predecessors, had used the said baseball field under resolution adopted and passed by the City of Gulfport. The resolution of the City granting permission to the defendant provided that:

“The Lions Club of Gulfport shall have the privilege of priority use of this baseball field; * * * for sport and recreational purposes, under the general supervision * * * of the Governing Body of the City of Gulf-port; * * *”

The record shows that both corporations conduct and supervise baseball for small boys and the purpose of each corporation is almost identical. The record shows that the Gulfport Lion’s Little League, Inc., had a baseball diamond, stands, and concession stands in Tomlinson Park; that the only cost to the City had been the electricity used at the field, which cost about $150 a year, and a pump that the City furnished to water the field.

The City of Gulfport has the usual powers in regard to its authority to deal with parks. Gulfport’s City Charter, Chapter 30650, Special Laws of 1955, as amended by Chapter 30790, Special Laws of 1955, grants to the City the broadest possible powers that could be granted to the City under the provisions of our Constitution. For instance, the Charter provides in part:

“Section 7. (a) The City shall have all the powers granted to municipal corporations and to cities by the constitution and general laws of this state together with all the implied powers necessary to carry into execution all the powers granted.
* * * * * *
“(d) The City, not in limitation of the foregoing, may purchase, lease, receive and hold property beyond the limits of the City for * * * the establishment of * * * public * * parks * * * and for such other public works as the council may deem necessary and proper, and may sell, lease or otherwise dispose of such property for the benefit of the City * * * and the City shall have such incidental powers and authority as may be necessary or proper to carry out the specific powers herein granted by this charter.
* * * * $ *
“Section 12. Powers of City Council: All powers of the City and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, the council shall have power to; * * *
* * * * * *
[709]*709“18. In addition to the acquisition and ownership of real estate and personal property provided for in this charter, the City is empowered to operate said property for such public purposes as the council shall consider advisable, and may sell, lease or otherwise dispose of said property for the benefit of the City, * * * ”

The chancellor, in his final decree, said in part:

“ * * * and having further found that the City of Gulfport had the legal right, power and authority to grant to Gulfport Lion’s Little League, Inc., the exclusive right to use the baseball field located upon Tomlinson Park, and that the City of Gulfport further has the right, power and authority to enter into a lease for a term of ten (10) years of subject property, if it so desires, with Gulfport Lion’s Little League, Inc., the court feeling that the case of Hannah v. Sunrise Recreation [Fla.], 94 So.2d 597, cited by defendants is applicable in this particular case, and that the case cited by plaintiffs, to-wit: Kramer v. City of Lakeland [Fla.], 38 So.2d 126, is not applicable in this particular case, * * * ”

We have considered the various cases in Florida which throw some light upon the question we have and have concluded that the chancellor’s decision is correct, and that in addition to Hannah v. Sunrise Recreation, Fla.1957, 94 So.2d 597, the case of Raney v. City of Lakeland, Fla.1956, 88 So.2d 148, as well as Kramer v. City of Lakeland, Fla.1948, 38 So.2d 126, support the appellees, although this last case was cited by the appellants.

In Hannah v. Sunrise Recreation, supra [94 So.2d 599], the Supreme Court held that the Board of Parks and Historic Memorials had the authority to enter into a lease of dedicated property to a private corporation of a portion of the land for a golf course and amusement facilities, the lower court stating in its order dismissing the bill that:

“(2) the Board is not authorized by law to enter into the proposed lease in that the provisions of the lease exceed and are contra to the authority conferred on the Board by Sec. 592.07 (3), F.S.A.; and
“(3) the uses contemplated by the lease are not ‘park purposes’ as required by the deed involved herein.”

Our Supreme Court reversed that portion of the chancellor’s decree, saying through Mr. Justice O’Connell:

“The dedication in the deed involved here was for ‘State park purposes’. No authorities have been cited to show the meaning thereof. We must therefore consider that this term means the same thing as park purposes.
“In Ocean Beach Realty Co. v. City of Miami Beach, 1932, 106 Fla. 392, 143 So. 301, we adopted the definition of a park as given in 20 R.C.L. 638. This definition explains the change in concept of a park from the time when a park was understood to be an open square or plaza, usually containing shade trees and seats, to the present, when a park is considered not only as ornamental but also as a place for recreation and amusement. Changes in the concepts of parks have continued and the trend is certainly toward expanding and enlarging the facilities for amusement and recreation found therein. * * * ”

In speaking of parks, Mr. Justice O’Con-nell has this to say:

“We think the view which defendants take of the term park purposes is too narrow, and are inclined to follow the view expressed in McLauthlin v. City and County of Denver, 1955, 131 Colo. 222, 280 P.2d 1103, 1106, wherein that court said:

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127 So. 2d 707, 1961 Fla. App. LEXIS 2975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-little-major-league-assn-v-gulfport-lions-little-league-inc-fladistctapp-1961.