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69 Fla. 324

Davidson v. Jeffords

Supreme Court of Florida

Decided March 23, 1915

Supreme Court of Florida · decided 1915-03-23

<p>Where a donation is made to a Town Council of one-third the cost of a road extension, provided the town will have the road paved, and there is nothing to indicate that the donor intended a division of his gift among the abutting property owners who under the law pay two-thirds and the town one-third of the cost of the paving, the donation is held to be to the town as an entity.</p>

Order affirmed · Decided 1915-03-23

¶1*326ON REHEARING.

Per Curiam.

¶2The provision of the charter act that owners of adjacent property may be required to pay such proportion of the expense of paving as may be provided by ordinance and the provision of the ordinance that the abutting owners shall pay a reasonable proportion, not to exceed one-third of the cost of paving, have reference to the cost of the work as done and not to the amount due after the town’s proportion of the expense has been paid by a donation from an individual to the town council of “one-third of the cost provided the town would have the road paved.”

¶3A rehearing is denied.

All concur.
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