Richmond v. Town of Largo, (1944)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: TERRELL, J.:
Attorneys: Giles J. Patterson, for appellant.
George L. Brown for Town of Largo, Alfred P. Marshall for Harold M. Esmay, Harold L. Thompson and S. Whitehurst's Sons,
for Barnard Kilgore, appellees.
Filed: Nov. 24, 1944
Latest Update: Mar. 02, 2020
Summary: Appellant is the owner of past due bonds and coupons issued by the City of Largo as created by Chapters 10760 and 10761, Acts of 1925. He filed his amended bill of complaint to secure a declaratory decree against the City adjudicating his right to enforce payment of said bonds and coupons. This appeal is from an order dismissing the amended bill of complaint. The Town of Largo was incorporated under Chapter 6715, Acts of 1913. Chapters 10760 and 10761, Acts of 1925, changed its name to the City
Summary: Appellant is the owner of past due bonds and coupons issued by the City of Largo as created by Chapters 10760 and 10761, Acts of 1925. He filed his amended bill of complaint to secure a declaratory decree against the City adjudicating his right to enforce payment of said bonds and coupons. This appeal is from an order dismissing the amended bill of complaint. The Town of Largo was incorporated under Chapter 6715, Acts of 1913. Chapters 10760 and 10761, Acts of 1925, changed its name to the City o..
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I think the Acts, Chapter 10760 and Chapter 10761, Acts of 1925, were void ab initio as decided in State ex rel. Davis v. City of Largo, 110 Fla. 21, 149 So. 420. My opinion is that there is no authority to assess taxes on any property outside the original Town of Largo to produce money to pay the bonds.
BROWN, J., concurs.
Source: CourtListener
