Judges: PER CURIAM.
Attorneys: Edwin T. Osteen, Julian R. Bullock, Jos. S. White and McIlvaine Milam, for Plaintiffs in Error;
Metcalf Finch, for Defendant in Error.
Filed: Jul. 19, 1937
Latest Update: Mar. 02, 2020
Summary: The Town of Boynton was created by Chapter 8918, Acts of 1921. In December, 1929, the plaintiffs in error as corelators filed an information in the nature of quo warranto challenging the jurisdiction of the said town over lands owned by them and included therein. In 1931, the Legislature enacted Chapter 15088, creating the Town of Boynton Beach, from those lands in the Town of Boynton lying east of the Florida East Coast Canal including the lands of the corelators described in the information. I
Summary: The Town of Boynton was created by Chapter 8918, Acts of 1921. In December, 1929, the plaintiffs in error as corelators filed an information in the nature of quo warranto challenging the jurisdiction of the said town over lands owned by them and included therein. In 1931, the Legislature enacted Chapter 15088, creating the Town of Boynton Beach, from those lands in the Town of Boynton lying east of the Florida East Coast Canal including the lands of the corelators described in the information. In..
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I dissented from the original opinion in this case mainly upon the ground of estoppel by acquiescence for a considerable period of time, and also because of some things that were said in the opinion of this Court in Town of Boynton Beach v. State, 108 Fla. 92, 145 So. 858, and the legal effect of that decision, but on rehearing I have resolved my doubts in those respects to such an extent as to yield to the views of the majority to the effect that the original decision herein should be adhered to.
