Town of Lake Hamilton v. Hughes, (1947)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: BARNS, J.:
Attorneys: Dewell Dewell, for appellants.
H. C. Crittenden, for appellees.
Filed: Jul. 18, 1947
Latest Update: Mar. 02, 2020
Summary: The appellees-plaintiffs brought suit to enjoin the enforcement of past, current and future municipal taxes by Lake Hamilton. Upon final hearing on Bill, answer and stipulation the Chancellor entered a final decree enjoining the enforcement of such taxes. Lake Hamilton appeals and assigns as error that the court erred in striking parts of the answer of the appellants-defendants. In equity matter relevant and material to the equities may be stated in an answer and it is error to strike such matte
Summary: The appellees-plaintiffs brought suit to enjoin the enforcement of past, current and future municipal taxes by Lake Hamilton. Upon final hearing on Bill, answer and stipulation the Chancellor entered a final decree enjoining the enforcement of such taxes. Lake Hamilton appeals and assigns as error that the court erred in striking parts of the answer of the appellants-defendants. In equity matter relevant and material to the equities may be stated in an answer and it is error to strike such matter..
More
We are unable to agree with the decision of the above case because, in the first place, appellants pose only the question whether laches and acquiescence would estop the land owners from attacking taxation on the ground of lack of benefits; and, in the second place, we have the conviction that the plan of regulating taxes in proportion to the amount of benefits received from time to time is inpracticable and would result only in confusion.
ON PETITION FOR REHEARING
Source: CourtListener
