Legal Opinion

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Florida Attorney General Reports

Decided August 9, 1974Published

1Opinion of the Court

STATEMENT OF FACT: The city of Coral Gables is leasing property from a church and is using the property as a parking lot for which fees are charged to the public for parking thereon six days of the week. The church uses the property on Sunday as parking for its parishioners. The city pays a nominal rental to the church for the lease of the property.

QUESTIONS: 1. Do you agree that the city must be the actual fee simple owner of property used entirely for municipal parking except for intervals when it is used for church parking in order to obtain a tax exemption? 2. If your opinion in question…

2Cases cited4 opinions

  1. Lummus v. Florida-Adirondack School, Inc.Supreme Court of Florida · 1934
  2. The Miami Battlecreek v. Lummus, Jr.Supreme Court of Florida · 1939
  3. Genesee Corporation v. OwensSupreme Court of Florida · 1945
  4. Overstreet v. Indian Creek VillageSupreme Court of Florida · 1971

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