Judges: TERRELL, C. J.
Attorneys: Harry P. Johnson, for Petitioner;
Buie Hippler, for Respondent.
Filed: Jul. 28, 1939
Latest Update: Mar. 02, 2020
Summary: F.W. Matteson has his home and resides in a residential district within the corporate limits of the city of Eustis, Florida. He moved his industrial plant, to-wit: a small planer, rip saw and sticker into his back yard and operated it for a livelihood. Such operation becoming obnoxious to some of his neighbors, he was arrested and prosecuted under a warrant charging "that F.W. Matteson *Page 592 did then and there disturb the peace and quiet of the City of Eustis, Florida, and of certain citizen
Summary: F.W. Matteson has his home and resides in a residential district within the corporate limits of the city of Eustis, Florida. He moved his industrial plant, to-wit: a small planer, rip saw and sticker into his back yard and operated it for a livelihood. Such operation becoming obnoxious to some of his neighbors, he was arrested and prosecuted under a warrant charging "that F.W. Matteson *Page 592 did then and there disturb the peace and quiet of the City of Eustis, Florida, and of certain citizens..
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I do not think the City had the charter power to make the operation of a lawful private business of this sort a crime, although I concur in the general principle stated in the able opinion. It may be that the City could regulate such a business by excluding its location from the residential portion of the City. Or, without that, the City or persons seriously injured or annoyed, might seek abatement in equity. See 46 C. J. 653,et seq., 43 C. J. 401-438; Thebaut v. Canova, 11 Fla. 143; Shivery v. Struper, 24 Fla. 103, 3 So. 865; Kress Co. v. Miami, 78 Fla. 101, 82 So. 775; Prior v. White, 132 Fla. 1,180 So. 347.
