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TOWN OF MEDLEY v. McCAHILL

No. 63-353.

164 So.2d 541 (1964)

TOWN OF MEDLEY, a municipal corporation, Appellant, v. Elva A. McCAHILL, a single woman, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 17, 1964.

Attorney(s) appearing for the Case

Swink & Swink and Clyde A. Willard, Frank E. Solomon, Miami, for appellant.

Mershon, Sawyer, Johnston, Simmons & Dunwody, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and TILLMAN PEARSON, JJ.

PER CURIAM.

The Town of Medley has appealed a final decree excluding from the Town 129 acres owned by Elva A. McCahill, the appellee. The action was instituted by Mrs. McCahill by filing a petition pursuant to § 171.02, Fla. Stat., F.S.A., which provides a method for the exclusion of land from the limits of a municipal corporation containing less than 150 qualified electors.

It is immediately apparent from the evidence submitted that the exclusion of...

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