Pinellas Park Drainage Dist. v. Kessler

• Citation: 69 Fla. 558,68 So. 668
• Parties: PINELLAS PARK DRAINAGE DIST. et al. v. KESSLER.
• Decision Date: 04 May 1915
• Court: United States State Supreme Court of Florida

68 So. 668

69 Fla. 558

PINELLAS PARK DRAINAGE DIST. et al. v. KESSLER.

Florida Supreme Court

May 4, 1915

Appeal from Circuit Court, Pinellas County; F. A. Whitney, Judge.

Bill by Emil F. Kessler against the Pinellas Park Drainage District and others. Decree for complainant, and defendants appeal. Reversed.

Syllabus by the Court

SYLLABUS

The lawmaking power of the Legislature of a state is subject only to the limitations provided in the state and federal Constitutions; and no duly enacted statute should be judicially declared to be inoperative on the ground that it violates organic law, unless it clearly appears beyond all reasonable doubt that, under any rational view that may be taken of the statute, it is in positive conflict with some identified or designated provision of constitutional law.

Section 5, art. 9, of the Constitution relates to taxes imposed for state, county, and municipal purposes, and does not apply to special assessments, based upon benefits to property resulting from local improvements.

There is no provision of the Constitution requiring special assessments for local benefits by drainage operations to be levied by the county commissioners; and it is within the power of the Legislature to authorize such special assessments to be made by the board of supervisors of an incorporated drainage district, as is done by chapter 6458 Acts of 1913 (Comp. Laws 1914, ss 635dd-635qqq, 3435c).

COUNSEL Cook, Spear & Dishman, of St. Petersburg, for appellants.

Davis Pierce & Sellers, of St. Petersburg, for appellee.

OPINION

WHITFIELD J.

The bill of complaint herein is as follows:

'Emil F. Kessler, of Pinellas county, Fla., brings this, his bill, against Pinellas Park Drainage District, a corporation organized under chapter 6458 of the Laws of Florida (Comp. Laws 1914, §§ 635dd-635qqq, 3435c), and D D. Stine, P.J. McDevitt, and J. R. Shoecraft, the board of supervisors of said district, all of Pinellas Park, in Pinellas county, Fla.

'And thereupon your orator complains and says:

'(1) That he is a taxpayer and qualified elector of Pinellas county, Fla., and the owner of the following described real estate in said county, of which he is now in the actual possession, to wit: S.E. 1/4 of the S.W. 1/4 of the N.E. 1/4 of section 28, township 30 south, range 16 east.

'(2) That the defendant Pinellas Park Drainage District is a corporation duly and regularly organized under and pursuant to the provisions of chapter 6458 of the Laws of Florida, the said district embracing some 15,000 acres of land in the vicinity of the town of Pinellas Park, Fla., and within which boundary of land the above described tract of 10 acres, belonging to your orator, is situated, and that the defendants D. D. Stine, P.J. McDevitt, and J. R. Shoecraft constitute the board of supervisors of said Pinellas Park Drainage District, duly and regularly selected and elected pursuant to the provisions of said chapter 6458 of the Laws of Florida, the said D. D. Stine being the president of said board, the said P.J. McDevitt, the secretary thereof, and the said J. R. Shoecraft, the treasurer thereof.

'(3) That said board of supervisors, as soon as said district was organized, acting under and pursuant to the provisions of section 10 of said chapter 6458, duly and regularly levied a uniform tax of 35 cents per acre on each acre of land in said district, to be used for the purpose of paying expenses incurred or to be incurred in organizing said district, thereby imposing upon the lands of your orator a tax of $3.50.

'(4) That thereafter this court, under and pursuant to the provisions of said chapter 6458, duly and regularly appointed three commissioners to appraise lands within and without said district to be acquired for rights or way, etc., and to assess benefits and damages accruing to all lands in said district by reason of the execution of the plan of reclamation adopted by said district; that said commissioners thereafter filed their report appraising lands and assessing benefits, as required by said law, which report was duly and regularly approved and confirmed by your honor; that, among other things, said commissioners' report assessed the value of the benefits to accrue to your orator's said land from the execution of said plan of reclamation at the sum of $45 per acre or a total value of $450; that, following the confirmation of said report, the said board or supervisors, acting under and pursuant to the provisions of section 17 of said chapter 6458, duly and regularly apportioned to and levied on each tract of land in said district a tax in proportion to the benefits assessed against such tract by said commissioners, thereby imposing upon your orator's said land a total tax of $243.12, to be collected in annual installments during the next 30 years, as provided for in section 18 of said chapter.

'(5) That said levies of taxes have been duly and regularly certified to the circuit court clerk and tax collector of said county, and now, according to the provisions of said chapter of laws, constitute a lien against the said lands of your orator, incumbering the same, casting a cloud thereon, and impairing the salable value thereof, to the extent of the levies above set out.

'Now, your orator is advised, and so alleges, that said levies are illegal and void, in this: That said chapter 6458 of the Laws of Florida is unconstitutional and void in so far as it confers upon the board of supervisors of a drainage

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