E. WETZEL, PLAINTIFF IN ERROR,
v.
TOWN OF FORT MYERS, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's denial of a petition challenging a town ordinance, holding that the petition did not allege an actual assessment, which was a prerequisite for the court's review of the ordinance's legality.
No, the petition does not state a claim for relief because it does not allege that an assessment was made, which is a prerequisite for the court's review of the ordinance's legality.
“The authority of the Circuit Judge under section 2006 of the General Statutes is merely to declare illegal any "assessment not lawfully made."”
Establishes the limited scope of review for the Circuit Judge.
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Join FLexlaw to unlock all legal intelligenceA resident of Fort Myers filed a petition alleging that a town ordinance levying a street tax on certain male residents was unconstitutional and unlaw…
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Whitfield, C. J.
The plaintiff in error under section 2006 of the General Statutes of 1906 presented to the Judge of the Circuit Court for Lee County a petition in which it is alleged that an ordinance of the town of Fort Myers levying a -tax upon certain male residents of the town for street'purposes “is unconstitutional, invalid, un lawful, not authorized by the laws of the State of Florida and that demand has been made upon the petitioner for the “petitioner’s tax so levied under and.by virtue of the said ordinance.” The prayer of the petition is that the assessment be declared illegal.
The authority of the Circuit Judge under section 2006 of the General Statutes is merely to declare illegal any “assessment not lawfully made.” Dade County v. Hardee, 56 Fla. 243, 47. South. Rep. 350; Knight v. Matson, 53 Fla. 609, 43 South. Rep. 695; Louisville & N. R. R. Co. v. Board of Public Instruction, 50 Fla. 222, 39 South. Rep. 480.
There is no allegation here of an assessment made under the levy provided by the ordinance, and it does not appear that an assessment was required by the ordinance.
The court is not authorized in this proceeding to pass upon the validity of the ordinance levying the tax, and as no assessment appears to have been made, the order of the Circuit Judge denying the prayer of the petition is affirmed.
All concur, except Taylor, J., absent on account of illness.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Louisa Porter and J. Y. Porter v. The City of Key W., 69 Fla. 357 (Fla. 1915)…sioners of Dade County v. Hardee, 56, Fla. 243, 47 South. Rep. 350; Jackson County v. Thornton, 44 Fla. 610, 33 South. Rep. 291; Louisville & N. R. Co. v. Board of Public Instruction, 50 Fla. 222, 39 South. Rep. 480, and Wetzel v. Town of Ft. Myers, 59 Fla. 427, 51 South. Rep. 540.. The defenses here sought to be interposed rélate to the legality as well as to the form and manner of the assessment as made. The constitution ordains that “all property shall be taxed upon the principles established for State…
Authorities Cited
- Louisville & Nashville R.R. Co. v. Bd. of Pub. Instruction for Jackson Cnty., 50 Fla. 222 (Fla. 1905)
- Knight v. Matson, 53 Fla. 609 (Fla. 1907)
- The Cnty. of Dade v. Hardee, 56 Fla. 243 (Fla. 1908)