Questions Concerning Financial-Economic Feasibility of Proposed Plan at the Executive Level Are Beyond Judicial Review
In Town of Medley v. State, 162 So. 2d 257, 258-59 (Fla. 1964), the Court explained that the reasonableness and economic feasibility of the financing plan were "the responsibility and prerogative of the governing body of the governmental unit in the absence of fraud or violation of legal duty."
Washington Shores Homeowners' Ass'n v. City of Orlando, 602 So. 2d 1300, 1302 (Fla. 1992) (stating that homeowners' complaint as to advisability of project is "collateral to" and "beyond the scope of" bond validation proceedings);
State v. City of Sunrise, 354 So. 2d 1206, 1210 (Fla. 1978) (explaining that the Court cannot reach the question of whether the bond revenue plan is fiscally sound or whether the financing method was wise).
This Court has adhered to these limitations over the years.
For example, in State v. School Board of Sarasota County, 561 So. 2d 549, 553 (Fla. 1990), the Court stated that "questions of business policy and judgment are beyond the scope of judicial interference and are responsibility of the issuing governmental units."
Similarly, in State v. City of Daytona Beach, 431 So. 2d 981, 983 (Fla. 1983), the Court stated that:
"Questions concerning the financial and economic feasibility of a proposed plan are to be resolved at the executive or administrative level and are beyond the scope of judicial review in a validation proceeding."
The rationale that underlies the limited judicial review in bond validation cases was explained by the Court in Town of Medley, 162 So. 2d at 259:
The courts do not have the authority to substitute their judgment for that of officials who have determined that revenue certificates should be issued for a purpose deemed by them to be in the best interest of those whom they represent. . . .
A contrary holding would make an oligarchy of the courts giving them the power in matters such as this to determine what in their opinion was good or bad for a city and its inhabitants thereby depriving the inhabitants of the right to make such decisions for themselves as is intended under our system of government.