Chase v. County of Orange

Citations

• 81 Fla. 237
• 87 So. 770

Syllabus

<p>1. The Legislature has power hy a curative act to remedy defects of procedure in the organization of a special taxing district created or attempted to he created under an existing: statute, if the omission or provision of the statute violated, could have been originally dispensed with.</p> <p>2. When the issuance of bonds by a special .navigable canal district created under the provisions of Chapter 7533, Acts 1917, has been authorized by a vote of the electors of such district for the purpose of raising funds necessary to pay the expense of constructing and maintaining certain proposed navigable canals within the district, the county commissioners of the county have no authority to use the funds derived from the sale of such bonds in constructing and maintaining canals materially variant in number, location or dimensions from those stated in the petition for calling the election and upon which the election was held and will be enjoined from proceeding if they attempt to do so; but if the work proposed to be done as shown by the plans and specifications adopted by the board of county commissioners does not deviate substantially from that proposed and determined upon by the election and alleged departures are not substantially material, injunction will not lie.</p> <p>3. The marking of the channel of a navigable waterway by beacons or “canal markers” may be regarded as an essential incident to the convenient and safe use of such waterway, and the placing of “canal markers” in the canals constituting a portion of such waterway does not amount to a material deviation from the original plan for the construction of such waterway because .no provision was made in such plan for such “canal markers.”</p> <p>4. The board of county commisioners should not be enjoined from selling bonds and awarding a contract for the construction of canals in a special navigable canal district created under the provisions of Chapter 7533, Special Acts, 1917, upon an allegation contained in