Town of Palm Beach v. Palm Beach County

1 Fla. Supp. 2d 9
CourtCircuit Court of the 15th Judicial Circuit of Florida, Palm Beach County
DecidedJuly 3, 1981
DocketNo. 78-3978-CA (L) 01 B; No. 79-96-CA (L) 01 B; No. 79-1027-CA (L) 01 B; No. 79-3122-CA (L) 01 B
StatusPublished

This text of 1 Fla. Supp. 2d 9 (Town of Palm Beach v. Palm Beach County) is published on Counsel Stack Legal Research, covering Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Palm Beach v. Palm Beach County, 1 Fla. Supp. 2d 9 (Fla. Super. Ct. 1981).

Opinion

JOHN D. WESSEL, Circuit Judge

Four municipalities within Palm Beach County levy charges that Palm Beach County is violating the State Constitution and Statutes in taxing properties located within their municipalities for services rendered exclusively for the benefit of residents in the unincorporated areas.

This Court has heard extensive evidence, including testimony, documentary evidence and arguments of counsel, and agrees with the challenge of these municipalities.

This action was brought in 1978 by the TOWN OF PALM BEACH, the CITY OF WEST PALM BEACH, the CITY OF BOCA RATON, [11]*11and the VILLAGE OF NORTH PALM BEACH, all municipalities within Palm Beach County. The cases at an early stage were consolidated for trial and for disposition. Prior to initiating the action, the plaintiffs filed, in compliance with the statutory requirements, resolutions from their municipalities with the Board of County Commissioners for Palm Beach County on their claimed violation of the 1968 Constitution and Florida Statutes.

Robert D. Apelgren and Joe Boynton sought intervention and was allowed; subsequently, a Motion to drop them as parties was considered by the Court and was denied.

The Plaintiff, the TOWN OF PALM BEACH, is a city located with boundaries on the west by the intercoastal waterway, or Lake Worth; on the north by the Palm Beach Inlet; on the east by the Atlantic Ocean; and on the south by the Town of Palm Beach. It has a population of approximately 10,000 persons, which increases seasonally to 30,000-35,000 persons. It is considered to be one of the world’s most exclusive residential communities. It’s governed by a City Manager type of government with its own full-service police, fire, emergency-medical technicians and public works, in addition to the other necessary administrative and support departments which normally are needed to run a municipality. It represents about 2% of the population of Palm Beach County.

The CITY OF BOCA RATON is a large geographical municipality bounded on the south by Hillsborough Canal (the south Palm Beach County line); on the north by what is referred to as the C-15 Canal; on the east by the Atlantic Ocean; on the west, a meandering line that runs partly parallel with Congress Avenue and then Military Trail to the south end to the Hillsborough Canal. There is approximately ten acres of unimproved land which is part of Palm Beach County, referred to as a “pocket.” The population ranges from 49,000 permanent residents to 65,0n0 during the winter months. The City has 850 employees and has had a pchce department since approximately 1925. It is considered one of the most rapid growth areas in Palm Beach County; its population represents approximately 10% of the population of Palm Beach County.

The VILLAGE OF NORTH PALM BEACH is a small municipality in the northern part of Palm Beach County. It is bounded on the north by PGA Boulevard; on the south by South Lake Boulevard; its eastern boundaries go as far as the Atlantic Ocean; and its western boundaries go as far west as the Seacoast Railroad tracks.

The fourth plaintiff, the CITY OF WEST PALM BEACH, is a municipality located west of the Intercoastal Canal, which is its east [12]*12boundary, and runs as far west as to a water catchment area, west of the Florida Turnpike; bounded on the north by the City of Riviera Beach and on the south by the City of Lake Worth. Its population is represented by approximately 19% of the residents of Palm Beach County, and it is the seat of County Government.

The intervenors are residents of West Palm Beach, and North Palm Beach, and own property in the western agricultural area of Palm Beach County commonly referred to as “The Glades.”

The Defendant in this action is the COUNTY OF PALM BEACH, one of the 67 counties which comprise a subdivision of the State of Florida.

The County has a population in excess of 550,000 and within the County are incorporated areas which comprise approximately 67% of the population of the County. There are, within the County, residents who reside outside of municipalities in unincorporated areas of approximately 33%. The County is an extremely large and diverse area with various needs and services rendered to both the incorporated municipalities and the unincorporated areas, together with the extensive agricultural area which lies west of what is called the “urban corridor,” which is that land east of the Florida Turnpike.

In addition, ALLEN CLARK, the Tax Collector of Palm Beach County, was named as a party in this action. However, by stipulation and agreement of parties, he was dropped as a party defendant.

ISSUES SETTLED OR RESOLVED

Apparently through pretrial discussion, discovery, and negotiation, the parties have agreed that the following items will not be considered by the Court, although identified in various adopted Resolutions by the Plaintiff/municipalities and in their pleadings. The items which have been settled, or otherwise not be considered by the Court, and the reasons for their exlusion, are as follows:

1) The operation of County, Planning, Zoning and Building Department.

Paid for by the permit fees.

2) Construction of subdivision street systems.

Paid for by private developers.

3) Installation and maintenance of street lighting system.

Paid for by private developers or property owners.

[13]*134) Construction and maintenance of storm-drainage systems, as related to the local road systems.

Paid for by property owner assessments.

5) Administration of solid-waste collection system.

Paid for by user fees.

6) Administration of land development programs.

7) Planning acquisition, construction, maintenance and operation of water and sanitary sewer utility systems.

8) Rural lot cleaning program.

Paid for by assessments to lot owners.

9) Administration of five central tax districts.

Paid through special taxing districts.

10) Animal control program.

Abandoned by the City of Boca Raton.

11) General administration for the County Commission, the County Administrator, the County Attorney, Radio Communications System, and Finance office.

Determined a county-wide benefit for all residents of the County, incorporated and unincorporated.

12) Regional Community parks, including oceanfront parks. Determined a county-wide benefit for the benefit of all residents of the County, incorporated and unincorporated.

13) Construction and maintenance of county roads and bridges on the classified county road system.

Determined a county-wide benefit for all residents of the county, incorporated and unincorporated.

14) The Sheriff’s Office, including overhead, communications, and administration, except for the road patrol and detective divisions. Determined a county-wide benefit for all residents of the County, including the incorporated municipalities and the unincorporated parts of the county.

15) The Aquatic Weed and Mosquito Control programs.

Determined a county-wide benefit for the incorporated and unincorporated residents.

[14]*14ISSUES TO BE DETERMINED

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

Related

City of St. Petersburg v. Briley, Wild & Assoc., Inc.
239 So. 2d 817 (Supreme Court of Florida, 1970)
Alsdorf v. Broward County
333 So. 2d 457 (Supreme Court of Florida, 1976)
MANATEE CTY. v. Town of Longboat Key
365 So. 2d 143 (Supreme Court of Florida, 1978)
Burke v. Charlotte County
286 So. 2d 199 (Supreme Court of Florida, 1973)
Manatee County v. Town of Longboat Key
352 So. 2d 869 (District Court of Appeal of Florida, 1977)
Alsdorf v. Broward County
373 So. 2d 695 (District Court of Appeal of Florida, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
1 Fla. Supp. 2d 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-palm-beach-v-palm-beach-county-flacirct15pal-1981.