Opinion

Crowder v. Philips

  • 146 Fla. 428
  • 1 So. 2d 629
Court
Supreme Court of Florida
Filed
Jan 10, 1941
Status
Published
Author
Brown
On the bench
Thomas, Whitfield, Chapman, Brown, Buford, Adams, Compiled, Laws, Rules, Terrell
Cited by
17 cases

finding a levy for the construction of a hospital in a district coextensive with Leon County a tax on the basis that the hospital provided a benefit to the entire community and not just landowners

How later courts described this case

  • finding a levy for the construction of a hospital in a district coextensive with Leon County a tax on the basis that the hospital provided a benefit to the entire community and not just landowners
  • invalidating special assessment for the construction and operation of a hospital

Written by the judges who cited it.

The opinion

Brown, J.

(concurring). — This special Act does not deal with a project which confers any special benefits upon any particular property, and I agree with Mr. Chief Justice Terrell and Mr. Justice Whitfield that the tax authorized by the Act to be imposed cannot be upheld on the theory that it is an assessment for special benefits to real or personal property. A county hospital may, as we have held, be made a county purpose by legislative Act, and if so the county commissioners may be authorized to levy an ad valorem tax to provide for its construction and operation.

*439

This would be in keeping with the command of Art. XIII, Section 3, of our Constitution. But here, in this Act, we have an effort to make a county project a district project, and to invest the district officers with the character of taxing powers that under the Constitution can only be imposed by the duly authorized constitutional county officers.

Terrell, C. J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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