THE STATE OF FLORIDA, EX REL. ROBERT G. EMERSON, ROBERT E. MILLER AND WALLACE BENEDICT, PLAINTIFFS,
v.
JOHN R. BEACHAM, GEORGE O. BUTLER, E. B. DONNELL, J. L. EARMAN AND VINCENT OAKSMITH, AS AND CONSTITUTING THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, IN PALM BEACH COUNTY, FLORIDA, AND FRED W. MILLER, AS TAX ASSESSOR OF SAID CITY, RESPONDENTS
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The Florida Supreme Court sustained demurrers to an alternative writ of mandamus, allowing relators to amend their writ to comply with state statutes and city ordinances, while disregarding a recent amendment to the city's charter.
The court sustained the demurrers to the alternative writ of mandamus and granted the relators leave to amend the writ.
“This cause coming on to be heard upon demurrers of the Respondents to the Alternative Writ of Mandamus, and the Court having considered such demurrers upon briefs and argument of counsel for the respective parties, it is considered, ordered and adjudged by the Court that the said demurrers be and the same are. hereby sustained with leave to the Relators to amend the Alternative Writ with respeet to the duties sought to be enforced against the City Commission and the City Tax Assessor of the City of West Palm Beach as prescribed by the statutes of the State and by the City ordinances of the City of West Palm Beach and without reference to and in disregard of the provisions of Chapter 15855, Laws of Florida, Acts of 1931, amending the Charter of the City of West Palm Beach.”
This quote details the court's decision to sustain the demurrers and the conditions for amendment.
Relators filed an alternative writ of mandamus seeking to enforce certain duties against the City Commission and Tax Assessor of West Palm Beach. Resp…
The full statement of facts, procedural history, and disposition for this case are member content.
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This cause coming on to be heard upon demurrers of the Respondents to the Alternative Writ of Mandamus, and the Court having considered such demurrers upon briefs and argument of counsel for the respective parties, it is considered, ordered and adjudged by the Court that the said demurrers be and the same are. hereby sustained with leave to the Relators to amend the Alternative Writ with respeet to the duties sought to be enforced against the City Commission and the City Tax Assessor of the City of West Palm Beach as prescribed by the statutes of the State and by the City ordinances of the City of West Palm Beach and without reference to and in disregard of the provisions of Chapter 15855, Laws of Florida, Acts of 1931, amending the Charter of the City of West Palm Beach.
*198Buford, C.J., and "Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.