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State and Local Government Law

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Mercer Law Review

1976

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Local Government Law, R. Perry Sentell Jr. Dec 1976

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

In this day, the general practice which does not typically touch upon some aspect of "local government law" is a rare one indeed. What may once have been peripheral has become truly central. These realities were duly reflected during the survey period, when the appellate courts rendered more than 80 material decisions and the General Assembly enacted more than 20 notable measures.

The court decisions are arranged by subject matter, and only the most noteworthy legislative products are included. Not surveyed are local and special enactments, population statutes, and resolutions proposing amendments to the constitution but not yet ratified.

Welcome …


Private Club's Lease From City At Token Rental Does Not Constitute State Action, Chix Miller Dec 1976

Private Club's Lease From City At Token Rental Does Not Constitute State Action, Chix Miller

Mercer Law Review

In Golden v. Biscayne Bay Yacht Club, the U.S. Court of Appeals for the Fifth Circuit held that where the City of Miami's only connection with the defendant yacht club was its lease of certain bay bottom lands to the club for $1 per year, the action of the club in barring blacks and members of the Jewish religion from membership did not constitute state action under 42 U.S.C.A. §1983.

Biscayne Bay Yacht Club was organized in 1887, nine years before the City of Miami became a municipality. Except for the lease, the City of Miami never participated in …