City of Miami v. Brinker

The City of Miami appeals a summary final judgment in favor of the clerk of the circuit court and the board of county commissioners based upon' the finding that the City’s demolition lien is not a special assessment lien and, therefore, is not payable from the proceeds of the sale of a tax deed.

In October 1973 Sidney Pasternak and William Asher filed a complaint against the City of Miami to quiet title to the subject property by declaring null and void the City’s claim to a demolition lien. Plaintiffs claimed title by virtue of a November 2, 1971 tax deed from Dade County sold pursuant to the…