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Gibbs v. Florida State Turnpike Authority

Supreme Court of Florida. En Banc
Jan 4, 1957
91 So. 2d 813 (Fla. 1957)

Opinion

January 4, 1957.

Appeal from the Circuit Court, Broward County, James H. Walden, J.

Charles Cook Howell and Charles Cook Howell, Jr., Jacksonville, for appellants.

Gilbert A. Smith, Tallahassee, and J.V. Niemoeller, Miami, for appellee.


Describing themselves as taxpayers, appellants filed their complaint below alleging the invalidity of the location of the northern terminus of the proposed Florida Turnpike in the vicinity of Tisonia, Duval County, Florida. They also seek an adjudication that the claimed tax-exempt status of the property of the Florida State Turnpike Authority is unconstitutional. The Chancellor dismissed the complaint on motion. Reversal of this order is now sought.

We find it unnecessary to pass on appellee's contention that appellants have no standing to bring the action. Giving appellants in this instance the benefit of an assumption that they are properly in court we are unable to find any merit to the propositions advanced by the appeal despite the able briefs filed by their counsel.

Every question raised by this appeal has been directly decided or, in principle, disposed of in our opinions in State v. Florida State Turnpike Authority, Fla. 1955, 80 So.2d 337, and State v. Florida State Turnpike Authority, Fla. 1956, 89 So.2d 653. No useful purpose could possibly be served by undertaking an elaboration on those opinions. On the authorities cited and the reasoning therein set forth, the decree of the Chancellor is

Affirmed.

TERRELL, Acting Chief Justice, THOMAS, HOBSON, ROBERTS, THORNAL and O'CONNELL, JJ., and LOPEZ, Associate Justice, concur.


Summaries of

Gibbs v. Florida State Turnpike Authority

Supreme Court of Florida. En Banc
Jan 4, 1957
91 So. 2d 813 (Fla. 1957)
Case details for

Gibbs v. Florida State Turnpike Authority

Case Details

Full title:GEORGE W. GIBBS ET AL., APPELLANTS, v. FLORIDA STATE TURNPIKE AUTHORITY…

Court:Supreme Court of Florida. En Banc

Date published: Jan 4, 1957

Citations

91 So. 2d 813 (Fla. 1957)

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