CITY OF HERNANDO, A MUNICIPAL CORPORATION, AND J. M. COLLEY, ITS MARSHAL, APPELLANTS,
v.
JOHN D. ROBERTSON, J. L. YOUNG AND C. T. YOUNG, APPELLEES
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The Florida Supreme Court reversed a lower court's decision that overruled a demurrer and denied a motion to dismiss a bill seeking to enjoin the collection of a municipal tax. The Court found the act authorizing the tax to be unconstitutional.
The lower court erred in overruling the demurrer and denying the motion to dismiss. The act authorizing the assessment of the tax complained of is unconstitutional and void.
“In this case bill was filed to enjoin the collection of municipal tax and praying for a decree that the act of the Legislature authorizing the assessment of the tax complained of be held unconstitutional and void.”
Describes the initial filing and purpose of the lawsuit.
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Join FLexlaw to unlock all legal intelligenceA bill was filed to enjoin the collection of a municipal tax and to have the legislative act authorizing the assessment declared unconstitutional. The…
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Per Curiam.
In this case bill was filed to enjoin the collection of municipal tax and praying for a decree that the act of the Legislature authorizing the assessment of the tax complained of be held unconstitutional and void. Demurrer was filed on the ground that the bill was bad in substance.
Motion was made to dismiss upon the ground that the bill contained no equity.'
On hearing the demurrer was overruled. The motion to dismiss was denied and a temporary restraining order was granted wherein and whereby the collection of the tax complained of was restrained. The order overruling the demurrer and the temporary restraining order should be reversed on authority of the opinion in the case of State ex rel. Johnson v. Johns, which was filed in this Court July 6, 1926, and is reported in 109 So. R. 228, and it is so ordered.
Reversed. Whitfield, P. J., and Terrell, and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
Brown, J.
I concur in the reversal of this case because I am of the opinion that the remedy of the appellees was by quo warranto proceedings, rather than by injunction. See State ex rel. Johnson, Atty. Gen., v. City of Sarasota, 109 So. R. 473; particularly that portion of the opinion on pages 478 and 479.
Strum, J., concurs.
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Sunbeam Corp. v. Masters OF Miami, Inc., 225 F.2d 191 (5th Cir. 1955)…a. 19, 135 So. 816; Stewart v. De Land-Lake Helen Special Road & Bridge District in Volusia County, 71 Fla. 158, 71 So. 42; Lainhart v. Catts, 73 Fla. 735, 75 So. 47; Hunter v. Owens, 80 Fla. 812, 86 So. 839; See also, City of Hernando v. Robertson, 97 Fla. 1083, 125 So. 529, holding that if a statute does not violate federal or state Constitution, policy of legislature is not subject to judicial review. Courts may not strike down act because it does not square with court’s view on public policy. State ex r…