Thursday, September 3, 2009

Municipality Acting In Proprietary Capacity Is Governed By The Same Laws As Private Corporation

In DeFalco et al v. City of Hallandale Beach (4D08-3385), the Fourth District affirmed the trial court and held:
“When a municipality operates in its proprietary capacity, it is governed by the same laws and may exercise the same rights as a private corporation engaged in a similar undertaking.” City of Winter Park v. Montesi, 448 So. 2d 1242, 1245 (Fla. 5th DCA 1984) (citing Hamler v. City of Jacksonville, 122 So. 220 (Fla. 1929)). The City, by purchasing the property, placed itself in the position of a mobile home park owner b y definition under chapter 723.  Appellants argue that “[t]he constitutional right to equal protection mandates that similarly situated persons be treated alike.” Level 3 Commc’ns, LLC v. Jacobs, 841 So. 2d 447, 454 (Fla. 2003). The mobile home owners have been treated the same under the law as they would have by any private mobile home park owner. The City, as the mobile home park owner, has been treated the same under the law as any private mobile home park owner. Their rights to equal protection have not been violated.


Post a Comment