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WALTER v. SCHULER

No. 34039.

176 So.2d 81 (1965)

Ralph N. WALTER, as Tax Assessor for Duval County, Florida, Clyde H. Simpson, as Tax Collector for Duval County, Florida, Julian Warren, T.K. Stokes, Jr., Bob Harris, Lem Merrett, Fletcher Morgan, as members of the Board of County Commissioners of Duval County, Florida, and Ray E. Green, as Comptroller for the State of Florida, Appellants, v. Charles G. SCHULER, Joseph F. Lowe, and the Jacksonville Investment Company, a corporation, on their own behalf and on behalf of all other taxpayers similarly situated, Appellees.

Supreme Court of Florida.

Rehearings Denied June 28, 1965.

Attorney(s) appearing for the Case

Wm. Joe Sears, Jr., and Rogers, Towers, Bailey, Jones & Gay, Taylor Jones and Robert S. Smith, Jacksonville, for Ralph N. Walter, as Tax Assessor.

Stallings & Marr, Jacksonville, for Clyde H. Simpson, as Tax Collector.

Earl Faircloth, Atty. Gen., Fred M. Burns, Asst. Atty. Gen., and Charles D. McClure, Tallahassee, for Ray E. Green, Comptroller of the State of Florida.

William G. O'Neill, Ocala, Franklin Reinstine, Francis P. Conroy, II, George Stelljes, Jr., and Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, for appellees.

Paul E. Raymond, of Raymond, Wilson, Karl & Conway, Daytona Beach, J.W. Elkins, of Adams & Elkins, Naples, Thomas T. Cobb of Black, Cobb, Cole & Crotty, Daytona Beach, E.B. Larkin, of Larkin, Larkin & Goodson, Dade City, and Wallace Dunn, Ocala, as amicus curiae.

THOMAS, Justice.

From all accounts the tax roll of Duval County for 1964 is a mess.

It seems gradually to have become so since the one in 1941, which formed the basis for the rolls of succeeding years, until in 1964 it reflected valuations approximating 40 per cent. of taxable value, although the Constitution all the while had commanded a distribution of the tax burden on the basis of "just valuation." And the legislature in 1941 by Chapter 20722 had required...

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