Brimstone Baritone
Regular Member
I was reading court cases the other night and ran across this one. Here's an excerpt:
I wish Alabama had case law this clear on record. If y'all down in Florida had a better worded RKBA in your constitution, or we here in Alabama had this kind of case law, all our OC problems could have been solved by now.
"This Court, speaking through Mr. Justice Ellis, in Pounds v. Darling, 75 Fla. 125, 77 So. 666, 668, L.R.A. 1918E, 949, pointed out the prerequisites of a valid ordinance, and said: `* * * To be valid an ordinance must be reasonable and not in conflict with any controlling provision or principal of law (Waller v. Osban, 60 Fla. 268, 52 So. 970); should it be within the powers expressly or impliedly conferred (Hardee v. Brown [56 Fla. 377, 47 So. 834], supra; Malone v. City of Quincy, 66 Fla. 52, 62 So. 922, Ann.Cas. 1916D, 208; Ferguson v. McDonald, 66 Fla. 494, 63 So. 915), and if any doubt exists as to the extent of a power attempted to be exercised by a municipality out of the usual range, or which may affect the common-law right of a citizen, it is to be resolved against the municipality (Anderson v. Shackleford, [74 Fla. 36], 76 So. 343 [L.R.A. 1918A, 139]).'
"An ordinance when in force should not in its application deprive the owner of a reasonable use and enjoyment of his own property, thereby depriving him of his property without due process of law or just compensation. The ownership of property is guaranteed by the State and Federal Constitutions. Frequently it becomes necessary for the property and use thereof to yield to constitutional regulations. While a municipality by ordinance may regulate or limit the use of property in behalf of the general welfare of its citizens, such action is authorized only in a constitutional manner. See City of Palmetto v. Katsch, 86 Fla. 506, 98 So. 352; Liggett Co. v. Amos, 104 Fla. 609, 141 So. 153." (192 So. at pages 874 and 875)
I wish Alabama had case law this clear on record. If y'all down in Florida had a better worded RKBA in your constitution, or we here in Alabama had this kind of case law, all our OC problems could have been solved by now.