Legal Opinion

Atlantic Coast Line Railroad v. City of Lakeland

Supreme Court of Florida

Decided August 1, 1927Published

1Opinion

In this case the allegations of facts showing a violation of a statutory requirement as to benefits in making special assessments and also showing an abuse of authority in imposing the entire cost of a street improvement upon abutting property without reference to benefits to the property, were admitted by demurrer, and the decision of this Court was and is that it was error to sustain the demurrer and dismiss the bill of complaint, the opinions filed herein having reference of course only to the facts alleged and admitted by the pleadings of the parties in the case.

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2Cases cited11 opinions

  1. Dahnke-Walker Milling Co. v. BondurantSupreme Court of the United States · 1921
  2. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  3. Weinberger v. Board of Public InstructionSupreme Court of Florida · 1927
  4. Dutton Phosphate Co. v. PriestSupreme Court of Florida · 1914
  5. In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920

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