Legal Opinion · Dissent

City of Coral Gables v. Hepkins

Supreme Court of Florida

Decided September 16, 1932Published

1DissentBrown, J.

(Dissenting). — Upon a reconsideration of this cause on petition for rehearing the writer is inclined to the view that we were in error in holding in the original opinion that the property in question could not be levied upon because it was purchased by the city with the proceeds of a bond issue floated for a municipal purpose. The test is the nature of the municipal purpose for which the property was acquired, and the use to which the property is put or the use or purpose for which it is in goo'd faith being held. Whether a city purchases property with general funds on hand in its treasury,…

2Cases cited19 opinions

  1. Meriwether v. GarrettSupreme Court of the United States · 1880
  2. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  3. City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
  4. City of Alton v. Illinois Transportation Co.Illinois Supreme Court · 1850
  5. Klein v. New OrleansSupreme Court of the United States · 1879

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