Summerland, Inc. v. City of Punta Gorda, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: BROWN, J. —
Attorneys: Waltmire Hughes, Attorneys for the Appellant;
J. H. Hancock and Hampton Bull, Attorneys for the Appellee.
Filed: May 08, 1931
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 545 This is an appeal from an order sustaining a demurrer to the bill of appellant praying for a decree cancelling certain special assessments assessed against complainant's land made in October, 1924, by the City of Punta Gorda for paving and sewerage and seeking to enjoin the collection thereof. The bill was not filed until September 28, 1928. The allegatio
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 545 This is an appeal from an order sustaining a demurrer to the bill of appellant praying for a decree cancelling certain special assessments assessed against complainant's land made in October, 1924, by the City of Punta Gorda for paving and sewerage and seeking to enjoin the collection thereof. The bill was not filed until September 28, 1928. The allegation..
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I think that when a city in violation of the power of taxation seeks to exact from the owner of property the payment of money for the cost of a public improvement and such exaction is substantially in excess of the special benefits which the property derives from the public improvement and by such means seeks to take private property for public use without just compensation under the "guise of taxation", any time is appropriate and timely to raise such unlawful authority and secure the property owner's constitutional right.
Source: CourtListener
