Ocean Beach Heights, Inc. v. Brown-Crummer Inv. Co., 302 U.S. 614 (1938)

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Ocean Beach Heights, Inc. v. Brown-Crummer Investment Co.

No. 10

Argued December 8, 1937
Decided January 17, 1938
302 U.S. 614

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. In the absence of a law authorizing the creation of a municipality de jure there can be none de facto. P. 619.

2. Acting under a Florida statute granting no authority to include noncontiguous areas, electors residing on the west side of a bay incorporated a town with boundaries described as embracing also land on the east side. Holders of bonds thereafter issued by the town and defaulted sought, by litigation in the federal court against the town and east side landowners, to require a tax levy on all of the lands to provide payment.

Held:

(1) Under the statute, the town had acquired no jurisdiction, de jure or de facto, over the east side lands. P. 619.

(2) Acquiescence by owners of east side land in earlier attempted exercises of jurisdiction over them upon the part of the town authorities, including taxation, could not invest the town with de facto jurisdiction. Id.

(3) The bill should be dismissed. P. 620.

87 F.2d 978 reversed.

Certiorari, 301 U.S. 673, to review the affirmance of a decree granting an injunction to restrain interference with the levy of a town tax on land for the payment of the plaintiffs’ bonds. See also 69 F.2d 105; 11 F.Supp. 73.