EDWARD KEENAN, ET AL., APPELLANTS,
v.
CITY OF EDGEWATER, ET AL., APPELLEES
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Taxpayers challenged a special assessment imposed by the City of Edgewater in 1991 for a water and sewer treatment plant, arguing the assessment was wrongful because only Florida Shores property owners were assessed despite the plant serving the entire city. The court affirmed dismissal based on the four-year statute of limitations, which barred the suit filed in December 1995.
The court affirmed dismissal of the suit, ruling that the four-year statute of limitations under Florida Statute § 95.11(3)(p) bars the appellants' lawsuit, regardless of the possible merit of their complaints against the City.
[1] A cause of action challenging a municipal special assessment accrues when the governing board of the municipality equalizes and approves the special assessment by resolut…
[2] A lawsuit challenging a municipal special assessment may be barred by the four-year statute of limitations.
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Join FLexlaw to unlock all legal intelligence“the lawsuit is barred by the four-year statute of limitations”
The trial court's ruling that the statute of limitations bars the claim, which the appellate court affirmed
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Join FLexlaw to unlock all legal intelligenceThe City of Edgewater passed a resolution on August 6, 1991, imposing special assessments on properties in the Florida Shores community for constructi…
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W. SHARP, Judge.
Keenan brought a taxpayer class action composed of residents of the City of Edge-water, community of Florida Shores. They appeal from an order dismissing their suit on the pleadings. The trial court ruled that despite the possible merit of their complaints against the City of Edgewater (“City”), stemming fromr requiring them to pay user fees commencing in 1964, and imposing on them a special assessment in 1991 for a sewer/waste, water treatment plant, the lawsuit is barred by the four-year statute of limitations.1 We agree and affirm.
Through the mechanism of this lawsuit, appellants sought to challenge a resolution passed by the City on August 6, 1991, which imposed special assessments on their properties for the construction of a water and sewer treatment plant. They claimed the new plant is to serve all parts of the City, but only property owners in Florida Shores were specially assessed to pay for the system. This lawsuit was not fíléd until December 21, 1995.
There is little specific statutory guidance regarding when a cause of action on a wrongful municipal special assessment accrues for purposes of the running of a statute of limitations and which statute is applicable. Section 170.08 provides that a special assessment lien attaches to property at the time the governing board of the municipality equalizes and approves the special assessment by resolution, even if the improvements have not been completed, as in this case. J. & L Enterprises v. Jones, 614 So. 2d 1151 (Fla. 4th DCA), rev. denied, 626 So. 2d 206 (Fla.1993).
Although it is not clear from the current statutes, special assessments by counties may be barred 60 days from the date the assessment is certified. § 194.171(2), Fla. Stat. (1995). Earlier cases involving municipalities have applied this shorter time limit. See Thompson v. City of Key West, 82 So. 2d 749 (Fla.1955); Smith v. City of Arcadia, 185 So. 2d 762 (Fla. 2d DCA 1966) (sections 194.58 and 196.12, Florida Statutes); Carson v. City of Ft. Lauderdale, 155 So. 2d 620 (Fla. 2d DCA 1963) (assessment of taxes without benefits). We need not decide that issue because we agree with the trial court that, in any event, the four-year, catch-all statute of limitations bars appellants’ suit. § 95.11(3)(p), Fla. Stat. (1995). Hollywood Lakes Sec. Civic Ass’n. Inc., v. City of Hollywood, 676 So. 2d 500 (Fla. 4th DCA 1996); Sarasota Welfare Home, Inc. v. City of Sarasota, 666 So. 2d 171 (Fla. 2d DCA 1995).
AFFIRMED.
COBB and THOMPSON, JJ., concur. . § 95.11(3)(p), Fla. Stat. (1995).
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Citator
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Harris v. Aberdeen Prop. Owners Ass'n, Inc., 135 So. 3d 365 (Fla. 4th DCA 2014)…So. 2d at 979-80 (holding the statute of limitations on a challenge to municipal assessments imposed for expansion of a road began to run either from the date the assessments were created or the date they were approved); Keenan v. City of Edgewater, 684 So. 2d 226, 227 (Fla. 5th DCA 1996) (holding that a challenge to a resolution imposing special assessments for the purpose of construction of a water and sewer treatment plant accrued when the resolution was passed); see also Winkelman v. Toll, 661 So. 2d 102,…
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Fredrick v. N. Palm Beach Cnty. Improvement Dist., 971 So. 2d 974 (Fla. 4th DCA 2008)…ree with the parties and the trial court that the four-year statute of limitations should be applied. The Fifth District applied the four-year statute of limitations in considering a challenge to a special assessment in Keenan v. City of Edgewater, 684 So. 2d 226 (Fla. 5th DCA 1996). In Keenan, the appellants challenged a resolution imposing a special assessment on their properties to build a water and sewer treatment plant. The challenge was premised on the fact that the plant was to serve the entire city,…
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Milan Inv. Grp., Inc. v. City OF Miami, 50 So. 3d 662 (Fla. 3d DCA 2010)…and thus the challenge is not time-barred.3 The annual municipal ordinance to impose the DDA millage is readily distinguishable from cases involving special assessments approved for the repayment of industrial bonds. In Keenan v. City of Edgewater, 684 So. 2d 226 (Fla. 5th DCA 1996), the four-year statute of limitations was held to commence when the special assessment for infrastructure improvements was approved by resolution (versus the date of each annual assessment and collection of the amount so approved…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hollywood Lakes Section Civic Ass'n, Inc. v. City OF Hollywood, 676 So. 2d 500 (Fla. 4th DCA 1996)
- Sarasota Welf. Home, Inc. v. City OF Sarasota, 666 So. 2d 171 (Fla. 2d DCA 1995)
- Carson v. The City OF Fort Lauderdale, 155 So. 2d 620 (Fla. 2d DCA 1963)
- J & L Enters. v. Jones, 614 So. 2d 1151 (Fla. 4th DCA 1993)
- Thompson v. The City OF KEY W., 82 So. 2d 749 (Fla. 1955)
- Marilee Smith and S. C. Smith v. City OF Arcadia, 185 So. 2d 762 (Fla. 2d DCA 1966)