Whitner v. Woodruff
Citations
- 68 Fla. 465
- 67 So. 110
Syllabus
<p>1. When a vote of the people for issuance of bonds has authorized the pavement of a certain street iu a municipality at public expense, the County Commissioners have no authority to substitute another street to be so paved.</p> <p>2. When bonds have been voted for paving with brick streets and roads of specified width, the County Commissioners should not attempt to materially lessen those widths, because the amount voted was not sufficient to carry out the scheme as voted.</p> <p>3. Taxpaying citizens may enjoin a further unauthorized expenditure of the public funds.</p> <p>4. Abutting owners upon a- street, which their votes have authorized to be paved at public expense, may enjoin the sub- • stitution of another street to be so paved.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that an administrative agency may not, by rule, exercise what is effectively a new power for expediency's sake
- stating that a state agency has only those powers that are explicitly or implicitly delegated to it
- determining that Commission exceeded its statutory authority when it promulgated rules establishing wholesale transmission rates for municipally owned utilities and establishing access fee
- explaining that Chapter 35 contemplated oversight role for Commission that included arriving at reasonable rate to resolve disputes between utilities
- acknowledging that the Legislature impliedly intends that an agency have \whatever powers are reasonably necessary to fulfill its express functions or duties\
- stating that agency may not “exercise what is effectively a new power, or a power contradictory to the statute, on the theory that such a power is expedient for administrative purposes”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cockrell, Hocker, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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