THE CITY OF WINTER HAVEN, ET AL.,
v.
A. M. KLEMM & SON, A CORPORATION
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The Florida Supreme Court upheld the City of Winter Haven's authority to tax lands and enforce bonds issued while exercising de facto jurisdiction over territory added by Chapter 11301, Acts of 1925, despite a subsequent quo warranto judgment that ousted the city's de jure jurisdiction over those same lands.
The city retained the right to enforce taxation and bond obligations on the lands covered by Chapter 11301 because it exercised de facto municipal jurisdiction over those lands when the bonds were validly issued under statutory authority, and the quo warranto judgment could not retroactively divest the city of contract rights lawfully acquired during its de facto jurisdiction.
“the de jure existence and jurisdiction of the city under Chapter 11299 and the de facto jurisdiction exercised over the lands covered by Chapter 11301, such lands are liable to appropriate taxation to pay the bonds duly issued under statutory authority while de facto jurisdiction was being exercised by the municipality over the lands covered by Chapter 11301”
Establishes the core holding that lands subject to de facto municipal jurisdiction can be taxed to pay validly issued bonds
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Join FLexlaw to unlock all legal intelligenceThe City of Winter Haven was incorporated under Chapter 11299, Acts of 1925. Chapter 11301 of the same year added territory to the city's boundaries. …
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—After a rehearing was denied, the appellee presented an addition to the petition that had been denied. There is no merit in the offered amendment.
The City of Winter Haven was incorporated by Chapter 11299, Acts of 1925. Chapter 11301, Acts of 1925, did not purport to reestablish the City of Winter Haven, but to add to the boundaries of the City of Winter Haven already existing as a municipality under Chapter 11299.
Being a de jure municipality, the City of Winter Haven assumed and exercised jurisdiction of the area attempted to be added to the city boundaries by Chapter 11301, which chapter, prior to the judgment of ouster in 1934, was a presumably valid statute'; and in the meantime the municipality established by Chapter 11299, exercising jurisdiction over lands in terms added to the municipality by the presumably valid Chapter 11301, under charter statutory authority issued bonds to be paid by taxation of all the taxable lands within the city limits under the unchallenged Charter Act, Chapter 11299, and under the presumably valid Chapter 11301. The bonds were validated under the statute.
In view of the unquestioned validity of Chapter 11299 and of the presumably valid Chapter 11301, the de jure existence and jurisdiction of the city under Chapter 11299 and the de facto jurisdiction exercised over the lands covered by Chapter 11301, such lands are liable to appropriate taxation to pay the bonds duly issued under statutory authority while dte facto jurisdiction was being exercised by the municipality over the lands covered by Chapter 11301.
The municipality of Winter Haven established by Chapter 11299 was not abolished by Chapter 11301; nor was *527such municipality dissolved by the quo warranto judgment referred to in State, ex rel. Landis, Attorney General, v. City of Winter Haven, 114 Fla. 199, 154 So. 700.
The quo warranto judgment ousting the City of Winter Haven from exercising de jure municipal jurisdiction over land added to the city area by Chapter 11301, but could nor affect municipal contract rights lawfully acquired while the city exercised de facto municipal jurisdiction over the lands covered by Chapter 11301.
Rehearing denied.
Ellis, C. J., and Whitfield, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Morgan S. McCormick and John Myers v. Bounetheau, 139 Fla. 461 (Fla. 1939)…xcluded lands did not in due time resist the illegal inclusion of the taxable lands and the imposition of the tax, but acquiesced therein, so as to creaie an estoppel against them. See City of Winter Haven v. [*469] Klemm, 132 Fla. 334, 181 So. 153; 133 Fla. 525, 182 So. 841; State v. City of Pompano, 136 Fla. 730, 188 So. 610, 629.…
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The City of Winter Haven v. A. M. Klemm & Son, 141 Fla. 75 (Fla. 1939)…shed by Chapter 11299 and the territory embraced in-the Town of Florence Villa at the time of this annexation of Chapter 11201. “It is so ordered.” On the former appeal in this equity suit, City of Winter Haven v. Klemm, 132 Fla. 334, 181 So. 153, 133 Fla. 525, 182 So. 841, it was in effect held that the scope of the quo warranto judgment of ouster of the circuit court rendered pursuant to the opinion and mandate of this Court in State ex rel. v. City of Winter Haven, 114 Fla. 199, 154 So. 700, was confin…
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A. M. Klemm & Son v. The City of Winter Haven, 141 Fla. 60 (Fla. 1939)…ing a motion to strike parts of the bill of complaint. The plaintiff “elected not to plead further.” Some of the matters presented by the pleadings have been adjudicated in another case. See City of Winter Haven v. Klemm, 132 Fla. 334, 181 So. 153, 133 Fla. 525, 182 So. 841. The prayer of the bill of complaint is: “Wherefore, premises considered, plaintiff prays that the court vacate, annul, cancel and set aside the tax levies aforementioned, against plaintiff’s lands aforedescribed, by decree of this co…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foster v. Lavinah H. Jones, 114 Fla. 199 (Fla. 1934)