City of Orlando v. Water

Citations

• 50 Fla. 207

Syllabus

<p>1. Under Section 722 of the Revised Statutes of 1892 providing for the extension of the territorial limits of incorporated cities or towns, the filing of objections as contemplated by the act within thirty days with the Clerk of the Circuit Court who is the custodian of the records of such court, is proper; and such filing will stay action by the city until the further order of the court. The failure to present such objections to the judge and to procure the statutory order thereon will not authorize the city to proceed after the objections are properly filed with the clerk within the time required by the statute, at least where no laches on the part of the objectors are shown.</p> <p>2. Where the objections to the extension of the territorial limits of a city filed under Section 722 of the Revised Statutes of 1892 are that the district proposed to be annexed is sparsely settled with less than ten registered voters and is remotely situated from the thickly settled portions of the city, that it would receive no advantages of lights and police protection, that it would be in no way benefitted by annexation, but would be burdened with additional taxes without benefit therefrom, and that the residents in said district prefer to remain in the country, and where all parties were heard on the merits, no exception, being taken to the character of the objections, and when it does not appear that the Circuit Court abused the discretion vested in it by the statute in sustaining the objections to annexation as filed, the ruling of the court sustaining the sufficiency of the objections on a motion for new trial will not be disturbed.</p> <p>S. Where there is evidence to support an order of .the Circuit Court, under Section 722 of the Revised Statutes of 1832, that objections to annexation of territory to a city be sustained and that such territory be not annexed, the order will not be disturbed here.</p>