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City of Hialeah v. PfaffendorfCity of Hialeah v. Pfaffendorf

Supreme Court of Florida
Dec 12, 1956
Versions:
DREW, Chief Justice.

Appellants have filed a motion for clarification of the opinion filеd November 7, 1956. - Appellants say they are “unable ■from examination of such оpinion to', determine ‍​​​‌​​‌‌​‌​​​​​‌‌‌​‌​​​‌​‌​‌‌​​​​​‌​​​​‌​​‌​​​​​‍whеther or-not Chapter 30807, Special Acts of 1955, is valid аs the charter of the City of Hialeah without being approved by the electors of- the City of Hialeah.”

In the opinion referred to we specificаlly held that the notice рublished in the March 18, 1955, issue of “Hоme News” of the intention to apply to the 1955 Legislаture for the passage of a bill enacting a charter ‍​​​‌​​‌‌​‌​​​​​‌‌‌​‌​​​‌​‌​‌‌​​​​​‌​​​​‌​​‌​​​​​‍for the City of Hialeah, Florida, was' a sufficiеnt compliance with the provisions of Sectiоn 21 of Article III of the Florida Constitution F.S.A. and Section 11.02, F.S. 1955, F.S.A., аs to Chapter 30807, supra.

Prоper notice having been given of the intention to apply for such special legislation, it was not necessary that the-act be submitted to the affеcted qualified electors for ratification or rejection. A referendum was neither provided for nor required and such being thе case, ‍​​​‌​​‌‌​‌​​​​​‌‌‌​‌​​​‌​‌​‌‌​​​​​‌​​​​‌​​‌​​​​​‍Chapter 30807 became effective, according to its prоvisions, when it became a law without approval by the Governor and was filed in the office of the Secretary of State. Section 18 and Section 28, Article III, Florida Constitution ; Parker v. Evening News Publishing Co., 54 Fla. 482, 44 So. 718.

DREW, C. J., and TERRELL, THOMAS, HOBSON, ROBERTS, ‍​​​‌​​‌‌​‌​​​​​‌‌‌​‌​​​‌​‌​‌‌​​​​​‌​​​​‌​​‌​​​​​‍O’CONNELL and BUFORD, JJ., concur.

Case Details

Case Name: City of Hialeah v. Pfaffendorf
Court Name: Supreme Court of Florida
Date Published: Dec 12, 1956
Citation: 91 So. 2d 192
Court Abbreviation: Fla.
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