Judges: TERRELL, Justice.
Attorneys: Thomas H. Anderson and Patton Kanner, all of Miami, for appellants.
Ben Shepard, of Miami, for appellee.
Filed: Feb. 22, 1949
Latest Update: Mar. 02, 2020
Summary: Suit by Maurice M. Rafkin and wife and all others similarly interested against the City of Miami Beach, a municipality incorporated under the laws of the state of Florida, to test the validity of special assessments for street improvements. From a judgment dismissing the complaint, complainants appeal. Judgment reversed with directions. In March 1946, the City of Miami Beach adopted a resolution in which it ordered the paving of Indian Creek Drive forty feet wide, from 26th Street to 40th Street
Summary: Suit by Maurice M. Rafkin and wife and all others similarly interested against the City of Miami Beach, a municipality incorporated under the laws of the state of Florida, to test the validity of special assessments for street improvements. From a judgment dismissing the complaint, complainants appeal. Judgment reversed with directions. In March 1946, the City of Miami Beach adopted a resolution in which it ordered the paving of Indian Creek Drive forty feet wide, from 26th Street to 40th Street...
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The notice to property owners as published by the City of Miami Beach on February 7 and 14, 1947, is sufficient and constitutes due process within our holdings in Utley v. City of St. Petersburg, 111 Fla. 844, 149 So. 806; Id., 292 U.S. 106, 54 S. Ct. 593, 78 L. Ed. 1155, and Id., 292 U.S. 604, 54 S. Ct. 712, 78 L. Ed. 1466; City of Hollywood v. Davis, 154 Fla. 785, 19 So. 2d 111. The allegations of the bill of complaint and the amendment thereto as to the repaving and widening of Indian Creek Drive, "but said improvements have not been beneficial to the abutting property owners," is a conclusion of the pleader.
Abell v. Town of Boynton, 95 Fla. 984, 117 So. 507.
I think the order of dismissal as entered below should be affirmed.
