LEWIS v. MOSLEY

No. 36668.

204 So.2d 197 (1967)

H.M. LEWIS, William L. Glenn, Frank Parker, Barney Gray, Gordon Hill and H.B. James, As Citizens and Taxpayers of Bay County, Florida, and On Behalf of All Other Citizens and Taxpayers of Bay County, Florida, Similarly Situated, Appellants, v. Crawford MOSLEY, Chairman, Buddy McLemore, Ann Cook, Tom Haney and J.M. Mowat, As Members of and Constituting the County Board of Public Instruction for Bay County, Florida, Gerald Conrad, As Tax Assessor of Bay County, Florida, Thomas C. Todd, As Superintendent of Public Instruction of Bay County, Florida, County Board of Public Instruction of Bay County, Florida, a Body Corporate, and William R. Yost, Byron Danzy and Carl Bjorklund, As Trustees of School District No. 1 of Bay County, Florida, Appellees.

Supreme Court of Florida.

November 13, 1967.


Attorney(s) appearing for the Case

J. McHenry Jones of Jones & Sims, Pensacola, for appellants.

Julian Bennett of Logue, Bennett & Williams, Panama City, for appellees.

Earl Faircloth, Atty. Gen., Fred M. Burns, Asst. Atty. Gen., and Stanley D. Kupiszewski, Jr., Gen. Counsel, State Dept. of Education, as amicus curiae.


WHITE, JOS. S., Circuit Judge (retired).

This case is here on an appeal direct to this Court from an order of the Circuit Court granting defendants' motion to dismiss a complaint by taxpayers, for injunctive relief, and dissolving a temporary injunction. The Court is called upon to decide the constitutionality of the procedure adopted by defendants, as the taxing authority of a public school district, in assessing district school taxes for the fiscal year beginning...

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