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CITY OF MIAMI v. LEE

No. 58-381.

112 So.2d 24 (1959)

CITY OF MIAMI, a municipal corporation existing under the laws of the State of Florida, Appellant, v. W.H. LEE, Paul McRae Averitte, M.L. Mershon, Edith M. Atkinson and Tommie S. Shannon, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 5, 1959.

Attorney(s) appearing for the Case

William L. Pallot, City Atty., John H. Smith, Asst. City Atty., Milton M. Ferrell, Sp. Counsel, Miami, for appellant.

Evans, Mershon, Sawyer, Johnson & Simmons and Anderson & Nadeau, Miami, for appellees.

HORTON, Judge.

This was a class action brought by appellees to enjoin the collection of certain storm sewer assessments imposed by the City of Miami on land owners in an area designated as District SR-317, and to nullify the assessment proceedings. The chancellor, upon a hearing of motions for summary judgment made on behalf of the respective parties, granted the motion of the appellees and entered a final decree thereon, finding that the formation of the storm sewer...

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