Judges: WHITFIELD, J.
Attorneys: Redfearn Ferrell, for Appellants;
Stanley Milledge, for Appellees.
Giles J. Patterson, T.M. Shackleford, Jr., P.C. Gorman, Hull, Landis Whitehair, as Amici Curiae.
Filed: Oct. 04, 1940
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 346 Appellees, plaintiffs below, brought this suit in equity seeking an injunction to prevent the taxation and sale and conveyance of plaintiffs' lands for nonpayment of municipal taxes imposed upon the lands in the Town of North Miami. The grounds alleged are in effect that there is no such municipality in legal existence, de jure or de facto, because the ge
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 346 Appellees, plaintiffs below, brought this suit in equity seeking an injunction to prevent the taxation and sale and conveyance of plaintiffs' lands for nonpayment of municipal taxes imposed upon the lands in the Town of North Miami. The grounds alleged are in effect that there is no such municipality in legal existence, de jure or de facto, because the gen..
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For the reasons set forth in my separate opinion in the case of Mahood v. State ex rel. Davis, 101 Fla. 1254, 133 So. 90. I think that as to the territory west of Biscayne Bay, the Town of North Miami, originally incorporated as the Town of Miami Shores, became a municipal corporation de jure, and has continued as such. In this respect, I go a bit further than Mr. Justice WHITFIELD, who in his opinion holds that the Town of Miami Shores, now North Miami, is at least a town de facto, if indeed it is not one de jure. Perhaps that is as far as we need to go in this case, but personally I adhere to my views as stated in the above cited case.
