District Court of Appeal of Florida

In a dispute between cities and a county over the validity of an amendment to the county Charter which intended to provide an exclusive method of voluntary municipal annexation for the county, an order finding the charter amendment to be partially valid, but containing three invalid provisions is affirmed where: 1) the trial court correctly interpreted Florida Statutes section 171.044(4) to allow charter counties to provide their own method of voluntary annexation; and 2) the trial court did not err in attempting to sever unconstitutional portions from the charter amendment.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Claudio Riedi, Dexter Lehtinen and Anthony J. O'Donnell of Lehtinen, Vargas & Riedi, P.A., Miami;  Jeffrey S. Kurtz and Jonathan M. Streisfeld, of Brinkley, Morgan, Solomon, Tatum, Stanley, Lunny & Crosby, LLP, Fort Lauderdale, for appellant Village of Wellington., Susan A. Ruby, City Attorney, Delray Beach, for appellant City of Delray Beach., Elaine A. Humphreys, Assistant City Attorney, Lake Worth, for appellant City of Lake Worth., Keith W. Davis of Corbett & White, P.A., Lantana, for appellants City of Atlantis and Town of South Palm Beach., Linda Brehmer Lanosa, Assistant County Attorney, Orlando, for Amicus Curiae Orange County.


• For Appellees:
  
• Robert P. Banks, Assistant County Attorney, West Palm Beach, for appellee.