# Apgar v. Wilkinson

> Supreme Court of Florida · March 13, 1928 · 95 Fla. 457

URL: https://www.frixlaw.com/law-library/cases/3387768

## Case

- **Full name:** T. K. Apgar, Appellant, v. W. P. Wilkinson, G. A. Tyler, W. C. Jackson, W. H. McBride, C. B. Jones, as the Board of County Commissioners of Volusia County, Florida; S. D. Jordan, as Ex-Officio Clerk of the Board of County Commissioners of Volusia County, Florida; G. A. Davis, Volusia County, and James Peterson Construction Company, a Corporation, Appellees
- **Court:** Supreme Court of Florida
- **Decided:** March 13, 1928
- **Citations:** 95 Fla. 457; 116 So. 78
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Terrell, Ellis, Whitfield, Strum, Brown, Buford
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3387768

## Opinion text

Brown, J.
(concurring) :
It is not necessary in this case, as pointed out by the opinion, to determine whether, under Section 5 of Article IX of the Constitution, the legislature could compel County Commissioners to assess and impose taxes for a purely county purpose. The Act in question undoubtedly authorizes the levy, and if the word “require” be deemed to have been used in a compulsory sense, it may be ignored or omitted and yet leave the Act a valid and workable law, authorizing the expenditure and the imposition of taxes to pay for it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3387768. Public record. Not legal advice.