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CITY OF FORT PIERCE v. McCARTY

No. 81-1810.

422 So.2d 1094 (1982)

CITY OF FORT PIERCE, a Municipal Corporation, Lawnwood Medical Center, Inc., and Hutchinson Island Limited, Inc., a Foreign Corporation, Appellant, v. Michael S. McCARTY, Individually, and As Representative of the Class of All Taxpayers of the City of Fort Pierce, Florida and Alexander L. Johnson, Jr., Appellees.

District Court of Appeal of Florida, Fourth District.

December 8, 1982.

Attorney(s) appearing for the Case

John T. Brennan, City Atty., of Brennan, McAliley, Hayskar, McAliley & Jefferson, P.A., and James T. Walker, Asst. City Atty., Fort Pierce, for appellant.

Eric B. Meyers and Susan E. Cook of Shutts & Bowen, Miami, and Ben L. Bryan, Jr., Fort Pierce for appellant Hutchinson Island, Ltd., Inc.

Charles R. Brown of Brown & Williams, Fort Pierce for appellant Lawnwood Medical Center, Inc.

Vincent A. Lloyd of Lloyd, Brown, Hoskins & Becht, Fort Pierce, for appellee Michael S. McCarty.

PER CURIAM.

The City of Fort Pierce sought a declaratory judgment concerning a proposed charter amendment limiting the height and density of future construction. The trial court declined to rule upon the constitutionality of the amendment until after the proposed referendum election. We deem this to be error and hold that the trial court should and must rule upon the constitutionality questions prior to the election upon the authority of and for the reasons stated...

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