State ex rel. Beggrow v. Atkisson
State ex rel. Beggrow v. Atkisson
Opinion of the Court
The appellants brought a mandamus proceeding to direct the City Tax Assessor of West Palm Beach to submit to the city commissioners a 1964 tax roll which assessed taxable property at 100% of just value. The lower court granted a motion to quash the alternative writ and the petitioners have appealed.
The alternative writ alleged, in part, that the property in West Palm Beach is appraised at its just value and that the property is then listed on the tax roll at 56% of its just value. Shortly before this appeal was filed the Florida Supreme Court held that in Dade County property must be carried on the tax roll at 100% of just value rather than at 50% which had previously been the practice. See McNayr v. State, Fla.1964, 166 So.2d 142. The only significant difference between the present case and McNayr is that the present case concerns a city, while in McNayr a county was involved. The homestead exemption is available to city as well as county property owners and the same unfairness to non-home
The parties, both at oral argument and by subsequent stipulation filed in this cause, have agreed that it would be unnecessarily harsh and it would disrupt the taxation process of the city if this court reversed the order of the trial court quashing the alternative writ, thereby requiring the parties to proceed in this cause in the trial court on a contest of the 1964 tax assessment roll at a time subsequent to its completion and the collection of a substantial part of the 1964 taxes. Accordingly, the judgment appealed is reversed with directions to enter an order denying the motion to quash the alternative writ and for further proceedings consistent with this opinion and the stipulation of the parties that further proceedings herein shall relate solely to the 1965 tax assessment roll of the city.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.