ALACHUA COUNTY, ET AL., APPELLANTS,
v.
CITY OF GAINESVILLE, APPELLEE
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The Florida Supreme Court reversed a lower court's decision, holding that a city's statutory power to impose liens for street improvements did not extend to property owned by the county, even if that property was located within the city.
No, the statutory provision granting cities the power to acquire liens for street improvements on abutting property does not legally extend to county-owned property.
“Under its statutory charter powers the city may acquire liens upon abutting property for special assessments for street improvements, and the Charter statute. Wee. 4, Chap. 6348, Acts of 1911, provides that “all lands fronting or abutting upon any street, alley, or public place owned or belonging to the State of Florida, Alachua County, the State Board of Education, Board of Public Instruction, or any Sub-School District shall be required to pay its proportion of the costs of such improvements as other lands and property fronting or abutting thereon is required to pay.””
This quote outlines the city's general powers and the specific statutory provision at issue regarding improvements on government-owned land.
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Join FLexlaw to unlock all legal intelligenceThe City of Gainesville filed a bill in equity to enforce a statutory lien for street improvements on property owned by Alachua County, specifically t…
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Whitfield, J.
A bill in equity was brought by the City of Gainesville to decree and enforce a statutory lieu for street improvements on property of the County of Alachua situated in the City of Gainesville on which the County Court House is located. A demurrer to the bill of complaint was overruled and the county appealed.
Under its statutory charter powers the city may acquire liens upon abutting property for special assessments for street improvements, and the Charter statute. Wee. 4, Chap. 6348, Acts of 1911, provides that “all lands fronting or abutting upon any street, alley, or public place owned or belonging to the State of Florida, Alachua County, the State Board of Education, Board of Public Instruction, or any Sub-School District shall be required to pay its proportion of the costs of such improvements as other lands and property fronting or abutting thereon is required to pay.”
If the Legislature can in a special charter statute legally do so, the quoted provision does not purport to give the city a right to a lien for street improvements upon abutting county property on which the county court house is situated. See Edwards v. City of Ocala, 58 Fla. 217, 50 South. Rep. 421.
The order is reversed.
Shackleford, C. J., and Taylor, Cockrell and Hocker, J. J., concur.
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Citator
Cited By
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City of Gainesville v. Alachua Cnty., 69 Fla. 581 (Fla. 1915)…hat Chapter 6318 of the Laws of Florida “does nat purport to give to the City of Gainesville a right to a lien for street improvements upon abutting county property on which the County Court House is situated.” Alachua County v. City of Gainesville, 67 Fla. 506, 65 South. Rep. 653. Now we are called upon to determine whether or not such municipality can maintain its action at law against the county for the cost of such improvements. The first question which presses for an answer is, can the Legislature gi…
Authorities Cited
- Edwards v. The City of Ocala, 58 Fla. 217 (Fla. 1909)