Florida East Coast Railway Co. v. City of Miami

Supreme Court of Florida July 26, 1920

Florida East Coast Railway Co. v. City of Miami, 80 Fla. 329 (Fla. 1920)

86 So. 208

Browne, Ellis, Taylor, West, Whitfield

Opinion of the Court

Per Curiam.

Proceedings brought to enjoin the enforcement of special assessments for a storm sewer were dismissed on demurrer. As the allegations of the bill of complaint are a sufficient basis for evidence upon the fundamental question of whether complainant’s specified property is or could be at all benefited by the construction of the storm sewer, the bill is not without equity and should not have been dismissed on demurrer.

Reversed for further proceedings.

Taylor, Whitfield, Ellis and West,-J. J.,'concur.- Browne, C. J., not .participating.

Reference

Full Case Name: Florida East Coast Railway Company, a Corporation v. City of Miami, a Municipal Corporation, and W. B. Moore, as City Clerk of the City of Miami
Cited By: 9 cases
Status: Published