City of Gainesville v. Thomas
Supreme Court of Florida
This case was decided by Division A. Appeal from the Circuit Court for Alachua County. Statement. The bill of complaint filed by Thomas against the city ■ alleges: “1st. Your orator would show unto your Honor, that he is a citizen and resident of the City of Gainesville, in the County of Alachua, State of Florida, and that he has been a citizen and resident of said city for more than forty (40) years last past; and that your orator is the owner in fee simple, and in…
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This case was decided by Division A. Appeal from the Circuit Court for Alachua County. Statement. The bill of complaint filed by Thomas against the city ■ alleges: “1st. Your orator would show unto your Honor, that he is a citizen and resident of the City of Gainesville, in the County of Alachua, State of Florida, and that he has been a citizen and resident of said city for more than forty (40) years last past; and that your orator is the owner in fee simple, and in possession and occupancy of all those certain lots or parcels of land situated and being in the City of Gainesville, Alachua…
1Opinion of the Court
Cockrell J.,
(after stating the facts.) — The main argument here in support oí the bill is equitable estoppel. By express statutory enactment, municipalities are excepted from the operation of the statute of limitations, General Statutes, section 1714.
Whether in any case the doctrine should be applied to municipalities in the exercise of their governmental, as opposed to their proprietary functions, is a delicate question. In some States, under exceedingly pursuave conditions, it has been applied, as in Peoria v. Central Nat. Bank, 224 Ill. 43, 79 N. E. Rep. 296, 12 L. R. A. (N. S.) 687, while…
2Cases cited2 opinions
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- City of Peoria v. Central National BankIllinois Supreme Court · 1906
3Cited by5 opinions
- Kirkland v. City of TampaSupreme Court of Florida · 1918
- Waterman v. SmithSupreme Court of Florida · 1957
- Walton v. City of ClermontDistrict Court of Appeal of Florida · 1959
- Laube v. City of StuartDistrict Court of Appeal of Florida · 1958
- City of St. Petersburg v. MelocheSupreme Court of Florida · 1926