CopyCited 1 times | Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3495
...hat on August 16, 1960, the requisite number of qualified electors of Volusia County under Chapter 138, Florida Statutes, F.S.A., filed with the Board of County Commissioners of said county a petition for an election as provided by F.S.
138.01 1 and
138.02, 2 F.S.A., and that said petition was such as to cast on said Board the statutory duty to order an election to be held upon the question of the relocation of the county seat of said county; that on July 6, 1961, said Board adopted a resolution...
...titled under the statute to sign said petition.) (e) That the Board acted on and rejected said petition without first having ascertained the number of qualified persons required to sign the same in order to compel the Board to call an election under Section 138.02, Florida Statutes, F.S.A....
...F.S.A., should such be filed with said Board within 60 days from the filing of this suit; (5) that the court determine whether the original petition filed August 16, 1960, is in manner and form sufficient to require an election to be called under F.S. 138.02, F.S.A., and if found to be sufficient, that defendants be directed to call such election; and (6) that in view of the reverter provisions of the deed from the city of DeLand, a declaratory decree be entered decreeing that the county defend...
...Did the trial court err in enjoining the county defendants from constructing a new county jail at the present county seat as provided by the order appealed in Case No. D-241, serial numbers of this court ? IV. Was it error to require the county defendants to keep under seal the petition filed February 15, 1962, under F.S. 138.02, F.S.A....
...which the Board of County Commissioners is charged with unlawfully removing from the petition such a number of qualified signers as to reduce the remainder to less than the required one third necessary to compel the Board to call an election under F.S. 138.02, F.S.A....
...The qualified electors in any county in this state wishing to change their county seat, shall present to the board of county commissioners of such county a petition signed by one-third of the qualified electors, who are taxpayers on real or personal property, praying for a change of location of such county seat.” . F.S. 138.02, F.S.A....
