Res 108S.F~d~S [%~ITH and SEABOARD )
RE,{LIef C0~ANY, a Florida )
co rporat ion, )
)
Complain~m ts ' )
)
vS )
)
~ianicipal Corpo~a~ lon~ organized )
,nd existing under the Laws of the )
State or Florida, )
)
befend~.t )
FINAL DECREE.
It appearing:; to t;~e Cotn, t 'tJuat on ~ay 17, 1932 the
complainants S. Fahs Smith and ~abo~rd ~{eal~y Company, a Florida
co~poma~ion, filed ~'~e~'ein ~hei~ Bill of Complaint against ~e
Cit~ of b~lray ~each, m ~,lunicipai Oorpopation o~ga~ized and
existin! under '~me ~_aws of tree ~tate of Florida, ~llegtng a~o~
other thiaLs, tkat upon the city ta~ ~oll of the City of Delray
~ach t'o~', the year 1930 the p~ope~ty of complainants~ to-wlt~
(~over~'~..ent Lot one in Section 2i,~'o~,snip 46 So:~th, Range 43 ~ast~
in Palm a~eaci~ Uo~nty Florida ~as as~essed a~:~ ~ vaiu. atlon of
~27,500.00 ~;~':d a taz ~as levied ~:~,ereon for the sai~i year 1930 in
the ~mou~t of ~1182.50 ap~eari~ at page 487 of said 1930 tax
roll~ and th;~t on account or the non-pad,eat o~ sa hi taxes the
sala la~:~ ~,~as ~:old at city tax sale in ti,e yea~. 19~1 and ~, tax
sale certif.ic~te iqo.9749 dated July v,1931 in the m:~oant of
$1206.45 was issued and held by t]~e City of ~el. raF' ~each.
And alleging a cng other tkings, that against Lots 1 to 9
both tnc!u:~ive, of the amen~ent to plat of ti~e ~,ab~ivi~:~ion of
that p~rt of Government Lots 2 and 3 of Section 21, and
Goverm~ent lots 2 and 3 of Section 28 lying east of the Flomida
East Coast Canal, all In '~ownship 46 ~uth, Ra~e 43 East,Palm
Beach County Florida~ which said plat is Peco~ded in the office
of the Gle~ of the Cimcuit Court of Palm Beach County Florida
~: Plat Book No.2 at page 72, the said City of Delray Beach had
attempted to. l~npose a tax according to the city tax rolls for the
yea~ 1930, ~ follows to-wit:
LOT NU~I~ER ASSESLED VA~,U~TION ~O~T 0F
1 ,~ 475.00 $ 20.4~
200. O0 ~, 60
~ ~25.00 1~.98
~ ~o 7 1200.00 51.60
8 ~VS.00 '16.1D
Anc~ that on aOcount of ~he aon-pa~n:~ent of said taxes a~aln~t
lands fo~ t!x~ year 193()~ '~he said l. aa~.a ~'ei~e by said city sol~ fo~
taxes end c!tj ~ax sale certilica~e~ in tL~ follo~in~ ~mounta and
nu~bered as fotlows, Lad been iss~e~ and ~ere Leld by said Oity~
to-wit:
LO T GERTiFm GA 7f~. ?~U~ ~H ~ 0 UNT
9752 14.56
4 to 7 9753 52.93
8 9754 15.75
9 9755 18.95
~ow~aship 46 ~a~ ~Hange 45 Eas~ afol,~aid~ and apon ~al~ '1o~
9 both inclaslve~ a~cording to said_ aab~iivi~ion~ plat of which
re~ord~d in sai~ Palm f~each County records in Pla~ 5ook No.2 a~
page 72~ the ~id City of Del~ay ~ea~h ~d atte~pted,aooo~di~ to
its 19~l tax rolls,~ assess for taxation purpose~ and had levied
taxes against said respective piece~ of lan~, a~ follows to-wit:
· ~OuN ~ OF
. ~11 ~u~lvision ~o. ~p. Eng. AS~ER~D .....
, Goverm~ent Lot 1 (32) 21 46 43 $ 27.5~. $ 1,210.00
Govt.Lot 2,Tract 1 (33) 475,
' Govt." 2, ~ 2 (34) 2~. ~.~
Govt." 2," 3 (35) 328. 14.30
Govt." 2,"
4 to 7 (36) 1,200, 52.80
Govt,Lot 2~act 8 (37) 375, 16.50
Govt." 2, ~ 9 (38) 425. 18.7~
1,342,00
And that on a~co~t of the non-pa~ent of such taxes the said
woald shortly
~ atter~pt to sell said lands at city tax sale, and that the ~td
Oi~ was attemptl~ to exercise Jurisdiction over said lands,and
w~uld att~pt to t~ said lands in the furze ~less enjoined and
-2-
restrained by order of this Court.
And it lux'that appearing to the Court that complainants
in and by t~eir said Bill of Complaint, among other things,prayed
that the aforesaid taxes attempted to be imposed upon the said
la~',.ds of complainants, as well as said tax sale certificates might
be declared 'ho be null arid void and might be cancelled by decree of
this Oou~t~ as clouds i~pon the title of complainants, and t~zat the
~r..aid lands might be decreed to have been improperly and illegally
included ~¥ithin the municipal limits of the said City of Delray
Beach,and that said municipal corporation migi~t '~e forever enJoine~
fro~ exercising or attempting to exercise any municipal authority
or taxing power over any part of said lands.
And it further appearing to the Court tz~.at A~otice of Lis
Pendens was filed in this cause on the l?th day of ~ay,lg32,and
recorded in Lis Pendens Book 11 at page SlY,and th. at answer was
filed by the said defendant, the case referred to a ~aster, testimon~
taken and ~aster~$ Report re~-zdered in favor of the c.~mplainants,and
t~.at upon exceptions of the defe~dant to ~aster~s Report~this case
was transferred to the Common Law side of this Court for proceeding
in quo warranto, Co:maon Law case No . ?25? , and that in said Co~on
Law action verdict and Judgment of ouster was entered in favor of
said c ~mplainants against said municipal corporation whereby it has
been determined that said lands were illegally included within the
corporate limits of said municipality; And after the rendition of
said Judgment in said Co~aon Law action, this cause was transferred
back to the Ohancery side of this Oourt for further proceedings,and
that thereafter the said complainants and said defer~dant City of
Delray Beach by their solicitors of record, stipulated and agreed
that the complainants might file s~Ach a~enc~r~ent to bill as they
might be advised~and that no order of court gray, ting permission of
court so to do,should be necessary,and that defendant would plead~
answer or zz~ove to dis~iss the sa~e as advised,within five days,
and that this cause might be called up for final hearing before
the Judge of this Court on the l~th day of December,A.D. 1933 at
two o'clock P.M., upon the evidence already taken, and that neither
party desired to submit any further evidence in this cause.
, And it further appearing to this Court that the
complainants have filed on December 6,1933, maendz~ent to their
Bill of Complaint herein, whereii~ they allege the filing of said
Special ~asterts Report, the transfer of this cause to the Common
Law side of this Co~t, the ~endition of the jud~ent of ouste~
in quo wa~antO~ the t~ansfe~ of this ca'use back to the equity
side of ~ls Court, the judicial deter~ination on the law side
of this Court that ~he inclusion of lands of complainants In the
co~porzte l~nite of the said municipality were illegal, that said
municipality therefore newe~ had any powe~ to levy ~xes upon said
lends, and that nevertheless said taxes were levied a~ said tax
sale certificates were issued, all of which constituted a cloud
upon the title of complainants to said ~anda; And wherein they
prayed az prayed in the~ Bill of Complaint, and prayed also for
the entry of a ~inal ~cree herein, declari~ said t~es and tax
sale certificates heretofore set forth, to be null ~nd void,~d
that the s~e might be cancelled of reco~d as clouds upon title
of complainants to said lands, and t~t the said ~ity of ~l~ay
Beach might be foreve~ enjoined from furthe~ attempti~ to tax
said 1~ ~da.
~d it further ap~ea~i~g ~o this O~u~t that the said City
of Delray Beach has not seen fit to file any further answer or
pleading ~erein, and has therefore confessed the ~llegations of
said ~end~ent to the bill and has agreed that thi~ ca~se be
su~ltted to this Oou~t ?or final hearing upon th~ evidence al-
ready taken~ and that this cause is now ripe for Final ~c~ee
he ~e in,
IT IS T~REF0~ H.~BY 0~hRED,~JU~ED ~D DECR~ED
that all of t~ aforesaid t~ sale certificates issued by the said
City of Del~ray ~ach against the above described lands, and all
the said t~es attempted to ~ levied by the said City of ~l~ay
Beach against said lands for the yea~s 19~0 and 19~1, a~e hereby
declared to be null and ~oid ~d are hereby cancelled and ~emowed
aa clouds u~n the title of co~plain~ta to ~id landa$
IT IS FURT~ 0~E~,~JUDGED ~D DECREED, that all
taxes l~vied o~ att~pted to be levied o~ ~posed by ~e said
City of Delray Beach a municipal corporation, organized and existing
under the laws of the State of Florida, since the fili~ of said
Notice of Li. Pendens herein, upon the following described l~nds
of co~.plainants located in Palm Beach County Florida,to-wit:
Goverr~ment Lot 1 (except tho north 100 feet thereof)
and all that part of Govern~-]ent Lot E lyi~ east of ti~e
Florida East Coast Canal (except the north 100 feet
thereof), in Section ~1, ~ownshlp ~ South, Eange ~
East~,together with ~ll littoral and riparian rights
thereto belonging or in anywise appertaining
are hereby declared to be null and void and forever cancelled as
clouds upon complainants' title to said land, and the said City of
Delray Beach and its officers are hereby foreve~ enjoSned from
attempting to tax or impose any tax upon any~?of the above
described lands, and from exercising or attempting to exercise any
municipal authority, Ju~isdiction or control over the said lands,
and from casting ~ cloud thereon, in any way.
DO~ ~ND ORDERED at ~est Palm Beach, Palm Beach County
Florida, this the~ ~". day of December, A. D. 1955.
.... JU~DGE OF SaI~ COURT