CopyCited 10 times | Published | Florida 1st District Court of Appeal
, 296 S.W. 338 (1927); 50 Am.Jur., Suretyship § 170; 8 A.L.R. 1485; 66 A.L.R. 315; and 71 A.L.R. 1278
CopyCited 8 times | Published | Supreme Court of Florida | 1966 Fla. LEXIS 3179
...t is Affirmed. THORNAL, C.J., and THOMAS, CALDWELL and ERVIN, JJ., concur. NOTES [1] F.S. Section
170.01, F.S.A. [2] F.S. Section
170.02, F.S.A. [3] F.S. Section
170.03, F.S.A. [4] F.S. Section
170.04, F.S.A. [5] F.S. Section
170.07, F.S.A. [6] F.S. Section
170.08, F.S.A....
CopyCited 5 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 437
...ent roll. See §
170.06, Fla. Stat. (1985). After the roll was prepared, the Town Council adopted Resolution No. 35 accepting the assessment roll and scheduling a hearing on November 5, 1985 for the Council to meet as an equalizing board pursuant to section
170.08....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1993 WL 36284
...y against encumbrances claim because "[a] special assessment lien attaches to real property subject to said lien at the time the governing body of the municipality equalizes and approves the special assessment by resolution or ordinance, pursuant to section 170.08, Florida Statutes, even if the improvements have not been completed....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12301, 1996 WL 672985
...This lawsuit was not filed until December 21, 1995. There is little specific statutory guidance regarding when a cause of action on a wrongful municipal special assessment accrues for purposes of the running of a statute of limitations and which statute is applicable. Section 170.08 provides that a special assessment lien attaches to property at the time the governing board of the municipality equalizes and approves the special assessment by resolution, even if the improvements have not been completed, as in this case....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
on whether to levy the special assessments. Section
170.08, Florida Statutes, provides further that: "Thereafter
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 1773, 1999 WL 89550
...The Court in Keenan not only ruled that the four-year statute of limitations period applied to special assessment challenges, it determined that the cause of action for such a challenge accrues at the time the assessment is created. “Section *1070 170.08 [Florida Statutes] provides that a special assessment lien attaches to property at the time the governing board of the municipality equalizes and approves the special assessment by resolution, even if the improvements have not been completed _” Keenan at 227 ....
...reatment plant. The court noted: There is little specific statutory guidance regarding when a cause of action on a wrongful municipal special assessment accrues for purposes of the running of a statute of limitations and which statute is applicable. Section 170.08 provides that a special assessment lien attaches to property at the time the governing board of the municipality equalizes and approves the special assessment by resolution, even if the improvements have not been completed, as in this case....
CopyPublished | Court of Appeals for the Eleventh Circuit
...as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof
to be assessed against each property so improved. Thirty days’ notice in writing of such
time and place shall be given to such property owners.
Fla. Stat. § 170.08, “Final consideration of special assessments; equalizing board to hear
complaints and adjust assessments; rebate of difference in cost and assessment,” provides that,
prior to any “final decision on whether to levy [a] special assessm...
...We think the District Court was mistaken on this point.
Count III incorporates the “General Allegations” section of the complaint. The
General Allegations, in turn, include citations to Article VII, Sections 6 and 9(b) of
the Florida Constitution, as well as Florida Statutes §§
170.01,
170.08, all of which
deal with taxation and special assessments under Florida law....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...en pursuant to Ch. 170, F. S.? SUMMARY: A special assessment lien attaches to real property subject to said lien at the time the governing body of the municipality equalizes and approves the special assessment by resolution or ordinance, pursuant to s. 170.08 , F. S., even if the improvements have not been completed. Your question is answered by the following discussion. Section 170.08 , F....
...ng body of the municipality, the assessments provided for in Ch. 170, F. S., stand confirmed as legal liens upon the property against which made. At the time the governing body approves and confirms the special assessments in the manner specified in s. 170.08 , F....
...nd are superior to existent mortgages and other private liens, regardless of priority of time, 29A Fla. Jur. Special Assessments s. 50, even if the improvements have not been completed. Also see Gailey v. Robertson,
123 So. 692 (Fla. 1929). Although s.
170.08 , F....
