Title: Opinion File 71-20 thru 71-21
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Permanent Link: http://ufdc.ufl.edu/WL00003310/00001
 Material Information
Title: Opinion File 71-20 thru 71-21
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 71-20 thru 71-21
General Note: Box 14, Folder 2 ( Opinion File 1961-1971 - 1961-1971 ), Item 98
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003310
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
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Re: SWFWMD Employment Contract


Mr. Gibbons:
In general, there are two grounds on which the courts might
disaprove the contract in question:
1. Lack of statutory authority, L,.. any contract beyond a
public body's express or implied authority is ultra vires
and invalid,
2. If it involves a governmental or legislative unction, a
public body cannot make a contract which end es beyond
the terms of the officers making the agreement.


The Florida Supreme Court decision which refused
involved in the question of whether the contract emana
proprietary or governmental function" but merely 'tool
the city of Ft. Lauderdale that it was proprietary, is
Stokell 63 So. 2d 644 (Fla., 1953). There is little
authority done in the case, and it has not been subset
authority except in a trial court case not pertinent

The California case which might be important is
Housing Authority of Los Angeles, 58 Cal. Rptr. 886 (
cert. den. 389 U.S. 103 (19 In that case a sev
ment contract with the executive director of the Hous
upheld, even though it ran beyond the terms of the co
of the Board.


to becomee
ted from a
the word of"
Daly v.
citing of
luently cited as
;o this problem.

[oltzendorff v,
t. App., 1967)
,n year employ-
.ng Authority was
ktracting members


Other cases I discussed with you that should be mentioned are:

Water Commissioners of New Brunswick v. Cramer, 39 A 71 (C6 App,
N.J., 1898), where the employment of a general super tendent of
the waterworks under a contract for 5 years was held invalid since
the Chairman of the Water Commissioners, elected year y, was given
the authority to appoint such superintendent and the ive year
contract effectively took fvem future Chairmen th&ir statutory right
of appointment and was therefore ultra vires.


Newman v. McCullough 46 S.E. 2d 252 (S.C., 1948) whe
that a contract which allowed a returning war veteran
old job as City Parks Director was invalid, because a
authority to make such contract extending beyond-its
I have a list of 10 or so Law Review Articles wh
the subject. Unfortunately, the County Law Library d
to any of them. I will be glad to look some of them
University of Florida jaw Library when I go up to Gai
a few weekends, and if any of them are good I'll let


oe it was held
to retake his
council has no
berm of office.
Lch may cover
Des not subscribe
aver at the
aesville in
you know.


Arthur Burrows, Jr.


------~


1_ 41-7-1




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