SPECIAL TAX SCHOOL DISTRICT NO. 1, OF PALM BEACH COUNTY, APPELLANT,
v.
THE DADE COUNTY BOARD OF PUBLIC INSTRUCTION, ET AL., APPELLEES
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The Florida Supreme Court affirmed a lower court's dismissal of a bill in equity seeking to annul a property sale. The court found no evidence that the price was inadequate or that the Dade County Board of Public Instruction breached its trust in selling the property.
The court held that the appellant failed to show the price received was not a fair market price and that the statutes do not transfer title of lands held by the County Board to the district or its trustees.
“The bill was dismissed on final hearing and the complainant appealed.”
Describes the procedural history and the basis for the appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a bill in equity to annul a sale of real property by the Dade County Board of Public Instruction. The property was located in what…
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Per Curiam.
The appellant filed a bill in equity for •the annulment, on the ground of inadequate price and breach of trust in not trying to get a better price, of a sale and conveyance of real property now in Palm Beach County by the Dade County Board of Public Instruction before Palm Beach County was formed from a part of Dade County. The bill was dismissed on final hearing and the complainant appealed. It appears that the title to the property was conveyed to the Board of Public Instruction for Dade County and subsequently used for school purposes by the Trustees of a Special Tax School District of Dade County, which district is now a Special School District of Palm Beach County. There is no showing that the title to the property was conveyed or transferred by the Dade County Board of Public Instruction to the Special Tax School District or to any one for them. The statutes of the State do not transfer to the district or its trustees the title to lands held by the County Board and located in the district. The decree of the court states that the cause was heard on the bill, answers, replications and testimony, and that compainlant has “failed to show that the price received was not a fair market price for said property.” The bill of complaint was dismissed.
Upon a full consideration of the evidence, it does not . appear that the Chancellor was not warranted in the finding made and the decree is therefore affirmed.
Whitfield, C. J., and Shackleford and Cockrell, J. J., concur;
Taylor, Hocker and Parkhill, J. J., concur in the opinion.
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Trs. of Special Tax Sch. Dist. No. 1 v. Lewis, 63 Fla. 691 (Fla. 1912)…s not include a right in the Trustees to make the lease of the school property of the county involved in this controversy. No authority in the Trustees to make the lease is made to [*692] appear. See Special Tax School District v. Dade County Board, 61 Fla. 798, 54 South. Rep. 265. The order appealed from is affirmed. Whitfield, C. J. and Taylor, Shackleford, Cockrell and Hocker, J. J., concur.…