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eBook details

• Title: Billy Fletcher Spradley v. State Florida
• Author : Supreme Court of Florida
• Release Date : January 13, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This case is before the Court on direct appeal from an order of the Leon County Circuit Court holding a portion of Floridas cemetery licensing statute, Section 559.39(2), Florida Statutes (1977), to be "an invalid delegation of legislative authority and unconstitutional." The effect of that ruling was to declare that the state comptroller, acting in his capacity as the head of the Department of Banking and Finance, proceeded improperly in denying the license application of Oaklawn Memorial Park, Inc. on the basis of failure to demonstrate a need for additional cemetery facilities in the community presently served by Gulf Pines Memorial Park, Inc. and others. We agree that the comptrollers denial of Oaklawns license request was improperly grounded on the statutory "need" criteria, but our disposition of this controversy renders unnecessary any consideration of the statutes constitutionality.

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