BOARD OF COMM'RS OF STATE INST. v. TALLAHASSEE B. & T. CO.

No. A-210.

100 So.2d 67 (1958)

BOARD OF COMMISSIONERS OF STATE INSTITUTIONS, a constitutional governmental agency of the State of Florida, Petitioner, v. The TALLAHASSEE BANK AND TRUST COMPANY, as Administrator cum testamento annexo, Estate of John G. Riley, deceased, Winifred Lively Wesson, Caroline Lively Carraway, and Emily G. Lively, Trustees of The Church of God, a Florida corporation, Hyman Myers, and City of Tallahassee, a municipal corporation, Respondents.

District Court of Appeal of Florida. First District.

Rehearing Denied January 30, 1958.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Ralph McLane, Asst. Atty. Gen., for petitioner.

Caldwell, Parker & Foster, Tallahassee, for respondent Tallahassee State Bank, et al.

James C. Truett, Tallahassee, for trustees of Church of God.


STURGIS, Chief Judge.

Respondent landowners in a condemnation proceeding attempted by their answers to attack the validity of a zoning ordinance of the City of Tallahassee in relation to its prospective use as evidence bearing on value of the subject property. The trial court correctly held that the validity of the ordinance could not be raised by answer making a collateral attack thereon.

Pursuant to pre-trial conference, however, the court held that since...

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