Capella v. City of Gainesville

Summary

The Supreme Court of Florida affirmed a trial court judgment upholding the constitutionality of chapter 77-557, Laws of Florida (1977), and validating the annexation of land by the City of Gainesville. The court held that the two-year restriction in section 171.0413(2)(e), Florida Statutes (1977), did not bar annexation of only part of the area involved in an earlier failed referendum, and rejected the equal-protection challenge to the voting procedure.

Holdings

1. Chapter 77-557 did not supersede section 171.0413(2)(e) because the special act and the general act could be read together without inconsistency.
2. Section 171.0413(2)(e) prohibits an attempt to annex the identical area described in a prior defeated annexation referendum, but does not prohibit annexation of only part of that previously proposed area.
3. Chapter 77-557 authorized the City to enact an ordinance implementing the Council's annexation recommendation after approval by a majority of participating qualified electors.
4. Chapter 77-557 did not violate the equal protection clauses of the Florida or federal constitutions by allowing all qualified electors participating in the referendum to vote, even though City residents outnumbered residents of the area proposed for annexation.

Questions Presented

1. Whether chapter 77-557, Laws of Florida (1977), superseded section 171.0413(2)(e), Florida Statutes (1977).
2. Whether section 171.0413(2)(e) barred the City from attempting within two years to annex only part of the area included in the earlier defeated annexation referendum.
3. Whether chapter 77-557 authorized the City to enact the annexation ordinance.
4. Whether chapter 77-557 violated the equal protection clauses of the Florida and federal constitutions by permitting the votes of residents in the area to be annexed to be diluted by the larger number of City voters.

Disposition

affirmed