State ex rel. Brevard Kennel Club, Inc. v. Ratliff
State ex rel. Brevard Kennel Club, Inc. v. Ratliff
Concurring Opinion
(concurring in judgment) .
I concur in the judgment because' I have the view that the Act under consideration is so vague, indefinite and uncertain as to make it unenforceable in mandamus proceedings.
Opinion of the Court
These consolidated cases present the sole issue of what counties may conduct summer dog racing under the language contained in Sec. 550.04, Florida Statutes 1955, F.S.A. The pertinent language of the statute is the following:
“ * * * summer dog track meetings shall be held only during the period beginning with and including June 1st and up to and including the 30th day of September, in counties lying •wholly east of the St. Johns river and south of the Matanzas inlet." (Emphasis supplied.)
St. Johns river has its source in the marshes below Lake Helen Blazes in the south-central portion of Brevard County,
Many conflicting interpretations of the pertinent legislative language are presented in the briefs filed in this cause. We think, however, that so far as this legislative act is concerned, the north boundary, while stated as a point, must in reality be considered the starting place for a latitude. The whole St. Johns river in its meandering course provides a boundary to the west. The fact that there is no definite southern boundary set forth in the legislative act is of no importance because from a reading of the act itself, Volusia and Flagler counties are the only counties which lie “wholly east of the St. Johns river and south of the Matanzas inlet” within the statutory scheme.
We find nothing in the act which requires construction. We think the conclusion is obvious that the only two counties in Florida which are embraced within the terms of the act are Flagler and Volusia.
We do not decide, because the point is neither raised nor argued, whether the provisions of the act above referred to conform to the requirements of Section 21 of Article III of the Constitution of Florida, F.S.A.
The motions to quash the alternative writs are hereby granted.
Reference
- Full Case Name
- STATE ex rel. BREVARD KENNEL CLUB, Inc., a Florida corporation, Relator v. C. H. RATLIFF, as Chairman, John R. Ring, as Secretary, and J. B. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., as members of and constituting the Florida State Racing Commission, Respondents STATE of Florida on relation of the INDIAN RIVER KENNEL CLUB, Inc. v. The STATE RACING COMMISSION and Clarence H. Ratliff, Chairman, John R. Ring, Secretary, J. D. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., members, all constituting the Chairman, Secretary and members of the State Racing Commission of the State of Florida, Respondents STATE ex rel. MARTIN COUNTY KENNEL CLUB, Inc., a Florida corporation, Relator v. C. H. RATLIFF, as Chairman, John R. Ring, as Secretary, and J. B. Johnson, C. Sweet Smith, Jr., and Warren H. Toole, Jr., as members of and constituting the Florida State Racing Commission
- Status
- Published