HomeMy WebLinkAbout07-13-1925
R.i=', MAGUI RE:
H.M,VOORH IS
~.G.LITTLE:
M,W, WELLS
.J. R, WELLS
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LAW OFFICES
MAGUIRE: & VOORHIS
STATE BANK BUILDING
ORLAN DO, F"LORI DA
July 13th, 1925.
$.
~~\YiY of Oooee,
Ocoee, Florida.
Gentlemen:
ATTENTION: Mr. R. C. Bigelow.
Referring to condemnation of the Griffin house in
Ocoee, beg to advise that we have gone into this matter and
we are dou~tful whether you are safe in proceeding to tear
down the ~ouse, without judioia1 proceedings: to determine
whether e house is in fact a nuisanoe or not. On this
point quote'you from a deoision of the S,?-preme Court of the
State f Florida, as follows: ~
~... ::::0-,
"The(power conferred in general terms on
municipal corporations to prevent and abate
nuiscenoes cannot be taken to authorize the
condemnation and destruction of that as a
nuisance which, in its nature, situation, or
use, is not such in fact. And if the City,
acting under the general power, abate that as
e nuiscance that is not such in fact, it does
so at its peril, and is 1iabla for the damage
done if it turns out in proofth~t it has
made a mistake."
We believe under the facts g~ven to us that the
bu'lding does constitute a nuisance but we are unwilling
ourselves to pass on the facts without judicial determination
to that effect.
If you are well satisfied yourself, of this being a
nuisanoe and are willing to assume the responsibility we will
be pleased to draw the proper notices, 'etc., neoessary as
preliminaries to tearing down the building.
Your s very truly, "
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