City of Miami v. A. M. Tenney and Demarest Holding

BUFORD, J.:

The appeal brings for review orders confirming Master’s Report and supplemental report holding special assessments levied for the construction of a street to be invalid and requiring the City to make return to those who had paid special assessments and who filed their claims as required by Order of Court.

There are two questions involved. The first is, whether or not the special assessments were valid; and the second question is, whether or not the suit can be maintained by the named plaintiffs as a class suit for benefit of themselves and all others like situated.

The history of the…