(Download) "Champion Map Corporation v. Chamco" by Fourth District Court of Appeal of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Champion Map Corporation v. Chamco
- Author : Fourth District Court of Appeal of Florida
- Release Date : January 06, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The collection of garbage is certainly a useful, indeed an indispensable, part of urban society. The private business of its collection, however, is not, nor has it ever been, akin in any way to "ordinary" examples of private enterprise - the selling of shoes, the repair of automobiles, or the selling of motel rooms. As the cases, from the time when the business was referred to as "scavenging" and those who conducted it as "scavengers" until the present, have recognized and clearly established, the "enterprise" of garbage collection is one of those unique callings which are subject to the plenary power of government. Unlike virtually every other enterprise, the "business" may not only be regulated, but in fact exclusively performed - as an essential part of a "public service" - by municipalities or other governmental subdivisions, even if such a decision results in the complete preclusion of private facilities for the same use. See Clein v. Lee, 146 Fla. 306, 200 So. 693 (1941); City of Jacksonville v. Nichols Engineering & Research Corp., Fla.1950, 49 So.2d 529; Annotation, Garbage Removal Services-Regulation, 83 A.L.R.2d 807; 7 McQuillin, Municipal Corporations, §Â§ 24.243, 24.250, 24.251. The essential and insurmountable difficulty with the position of the appellant in this interlocutory appeal from an order denying an application for a temporary injunction against the enforcement of City of Tampa ordinances which regulate the ability of private enterprises to collect garbage within the municipality, is that it utterly ignores this essential distinction between the appellants business and virtually every other. It proceeds on the assumption that affirmative showings of a relationship between the ordinances and the public "health, safety or welfare" are required in order to sustain the ordinance, when, to the contrary, the mere fact that it is garbage collection which is being regulated, even "taken over" by the City, itself and alone provides the necessary justification for the enactments.
 "Champion Map Corporation v. Chamco" by Fourth District Court of Appeal of Florida # Book PDF Kindle ePub Free){kind=link}