State ex rel. Miller v. City of Leesburg

T. G. FUTCH, Circuit Judge.

In 1949 the legislature “defined” the limits of the city of Leesburg so as to add approximately 2,000 acres of area to the territory already under the jurisdiction of the city.

Relators own approximately 30 acres of the territory so added and instituted quo warranto proceedings challenging the constitutionality of the legislative act. The sole ground urged as doing violence to the constitution is that said lands will not receive any benefit by reason of their inclusion in the city by reason of remoteness.

In State v. Busbee (Fla.), 43 So. 2d 711, involving the…