Osban v. Cooper

Citations

• 63 Fla. 542

Syllabus

<p>1. Under Section 808 Gen. Stats, of 1906, the question of the necessity for the erection of a court house in a county is left entirely to the judgment and discretion of a majority of the Board of County Commissioners of the county.</p> <p>2. When the requisite notice for .thirty days is given as prescribed in the statute, that at the next regular meeting of . the board of county commissioners after the publication of the said notice the question of the erection of a court house will be acted upon by said board, and at such meeting a majority of said board shall determine that it is necessary to erect such building, they may levy the authorized tax.</p> <p>3. The notice provided for by Section 808 General Statutes of 1906 is required to give the people of the county an opportunity to appear and discuss with the board the necessity for the erection of a court house and other matters connected therewith. If a majority of the board then determine that it is expedient or necessary to erect such building, they have the power to levy the prescribed tax for that purpose.</p> <p>4. In the absence of fraud or abuse of discretion clearly shown the requisite action duly taken by a majority of the board of county commissioners within the authority given by statute is not subject to review by the courts.</p>