W. H. TOWLES, F. A. HENDRY, W. S. TURNER, ED PARKINSON AND R. G. COLLIER, AS COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA, APPELLANTS,
v.
GEORGE W. LIGHTSEY, D. W. BORLAND, JOHN DYLER AND CLIFTON L. JOHNSON, APPELLEES
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The Florida Supreme Court affirmed a lower court's decree, finding that an order by the County Commissioners for building a courthouse was fatally defective. The defect was the failure to state that a majority of the board determined the courthouse was necessary, as required by law.
Yes, the order was fatally defective. The court held that the order did not state, in words or effect, that a majority of the Board of County Commissioners had determined the necessity of erecting the Court House, which is a requirement under Chapter 5698, Laws of 1907.
“The order of the County Commissioners for the building of the Court House, as set forth in the record brought here on appeal, is fatally defective, because it does not state in words or in effect that a majority of said Board of County Commissioners have determined that it is necessary to erect such Court House.”
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Join FLexlaw to unlock all legal intelligenceThe County Commissioners of Lee County issued an order for the building of a Court House. Appellees challenged this order, and the Circuit Court ruled…
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Per Curiam.
This cause having been submitted to the court at a former day of this term upon the transcript of the record of the decree appealed from, and briefs of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said decree. The order of the County Commissioners for the building of the Court House, as set forth in the record brought here on appeal, is fatally defective, because it does not state in words or in effect that a majority of said Board of County Commissioners have determined that it is necessary to erect such Court House. Chapter 5698, Laws of 1907. It is, therefore, considered, ordered and decreed by , the court that the said decree of the Circuit Court be and the same is hereby affirmed. Osban v. Cooper 63 Fla. 542, 58 South. Rep. 50. It is further ordered that the appellees do have and recover of and from the appellants their costs by them in this behalf expended, which costs are taxed at the sum of-Dollars, all of which is ordered to be certified to the court below.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J. D. Bell and Others v. S. S. Coachman and Others, 69 Fla. 295 (Fla. 1915)…mmissioners must record the fact that in their opinion the necessity exists. It is not a question of feasibility or expediency or desirableness, or the best interests of the county, but necessity, that alone warrants such levy. Towles v. Lee County, 68 Fla. 564, 66 South. Rep. 290. We may add that the facts here presented but emphasize this view. In April, 1912, it was considered • “in the opinion of a majority of the Board to be for the best interests of the county” tó erect a court house and jail, at an…
Authorities Cited
- Osban v. Cooper, 63 Fla. 542 (Fla. 1912)