City of North Miami Beach v. Knap

CARROLL, CHAS., Judge.

The appellees sought and obtained a decree cancelling certain assessments for local sidewalk improvements imposed by the City of North Miami Beach on the appel-lees’ property, and enjoining collection. The city appealed.

In making the sidewalk improvements, the city had proceeded under and pursuant to chapter 170, Fla.Stat., F.S.A.1 *748At that time the city had, but did not use, an ordinance for construction of sidewalks which contained a requirement, not found in chapter 170, for written consent of 51% of the owners of the affected abutting properties.2 The trial judge held…