The Coral Gables Times

CORAL GABLES TIMES

2 CORAL GABLES TIMES Thursday, October 18, 1962

Riviera Day School Loses Second Appeal On Paying CG Taxes

Riviera Day School has lost out in District Court of Appeals on its suit to block the City of Coral Gables from collecting taxes. But it may have won against the City's claim for three years' back taxes. The tax is estimated at $800 a year for the private school at 6800 Nervia St. City Attorney Ted Semple, however, has not surrendered the right to back assess the tax. He said this week he thinks he can produce legal evidence to change the court's mind. The District Court of Appeals supported the City's claim that Riviera Day School was not used for educational purposes in 1961 by the owners and has returned the suit to the Circuit Court for further proceedings. It is here that Semple hopes to prove to the court that the City has the right to back taxes for the years 1958, 1959 and 1960. Semple's claim revolves around the contention that Lorin and Lucille Coppock Jr. never applied for an exemption for those years. The Coppocks claimed in court that they did. Semple said they will have to prove it. He intends to prove that they did not. The Coppocks ran into trouble when Bernard B. Weksler, Gables Attorney, charged that their Riviera Day School and Deerborne School failed to meet the definition of tax exempt institutions. Tax Assessor T. C. Blount supported Weksler's contention. The Coppocks appealed to City Commission, sitting as a Board of Equalization, but were told to support their claim. The Coppocks replied by suing in Circuit Court and lost. They appealed in the District Court of Appeals. Said the Court: "Regardless of its designation, the individual plaintiffs, as lessors of the real property, receive payments from the corporation which are used in part to pay off a mortgage obligation of the individual plaintiffs. "Thus, the individual plaintiffs are receiving a profit from the rental of the land and it matters not whether such monies are deposited intact in a bank or used to reduce their individual obligations." And the Court added: "We think the chancellor was eminently correct in holding that plaintiffs were not entitled to the exemptions provided by law because the ownership of the property and the operation of the educational institution did not coincide." But the Court said also that the City had acted affirmatively in recognizing previous tax exemptions, thereby losing the right to back tax. The Coppocks ran into trouble when they reorganized the school — formed a corporation in 1957 — for the purpose of eliminating personal liability. The Coppocks each own 24 shares of stock and their son and daughter, one each. While they acted as both owners and operators of the school, the courts have ruled that this arrangement did not entitle them to exemption under Florida state law.

Canal Squabble Deepens

By MAURICE LABELLE Times Reporter The canal nobody wants — J. J. Lamb's private waterway — kicked up more fuss this week when residents of a branch lake and canal complained about polluted water, dead fish, hyacinths and mosquitos. Meanwhile, the County, which was to file suit last week to get Lamb to clean out and unblock his canal, planned to move this week after delays. And the Southern Flood and Central Control District once again washed its hands of the whole thing when it met up in FCD headquarters in West Palm Beach Friday. But officials did indicate they will look into the matter and report back next month. For a half dozen years the County has tried to get the FCD to accept responsibility, for "Lamb's Canal" known officially as the Coral Gables Canal. Each time, however, flood district officials have disclaimed responsibility. Lamb wants to sell the canal, located between Red Road and Tamiami Trail, except for a small portion owned by the County, for a reported $60,000. Latest complaints stem from a group of residents living around Central Lake and the looping canal that connects it to the Coral Gables Canal. County officials two weeks ago had two truckloads (four cubic yards) of dead and decomposing fish removed from a portion of the canal lying between Red Road and SW 67th Avenue. They said that the water in the loop has been polluted from time to time and that it is choked with hyacinths, but denied knowledge of dead fish or mosquitoes in that area. Louis F. Westbrook, director of sanitation, said Monday that the large number of mosquitoes eating in that area make it highly unlikely that the mosquitoes are coming from that source. Tests from time to time have shown pollution, but Westbrook indicated he did not believe that even opening of the Lamb dam would restore enough fresh water to the area to eliminate that condition. "The area has never been safe for swimming from the beginning," Westbrook said.

HYACINTHS are this close to the home of Mrs. R. F. Thompson. The thick growth prevents neighborhood children from swimming or boating in the canal.

Smathers Thinks We Should Arm Latins

(Continued from Page 1) Latin country should go first," the senator said. But before the forming of such an alliance, the senator feels it is necessary to recognize a Cuban government in exile. Then, according to the OAS charter, they can call upon their neighbors for aid. This has been done with Formosa in regard to China. Each year the United States gives thousands of dollars in aid to Formosa, so why cannot the same course be taken for Cuba, to prevent the spread of Communism? Senator Smathers asked. Many people say a revolution is needed from within Cuba, the senator pointed out, but the people inside Cuba are helpless to help themselves. They do not have the necessary weapons. Automatic rifles cannot be stopped with stones or tanks with razor blades, he declared. "Our goal now should be to accomplish what the unfortunate group at the 'Bay of Pigs' invasion wanted to see done. I am glad that no ship carrying goods to Cuba is allowed to come into our ports," the senator said. "I know the people will suffer as their food and other supplies grow less, but they must suffer even more before their day of deliverance." Since 1947, the senator said he had been trying to arouse interest in our neighbors to the South. He has made more than 80 speeches on the Senate floor, arguing to boredom that they are our natural allies, politically, economically and militarily. But he was unable to arouse any concern at all until Fidel Castro came on the scene. "In Latin America lies our future market," Sen. Smathers said. "Here are 200 million people who are 100 years behind us economically and who want our standard of living. "We add one million persons to our work force each year, and we must have a market for what they produce. We cannot sell to Japan or the Far East because they have their own economy. "Soon we may not be able to sell in Western Europe because of the Common Market. So we must develop Central and South America." Commenting upon Berlin, the senator does not feel we have lost anything there in the past year, and conditions have improved in Africa. There, they have seen the ruthlessness of communism and turned against it.

Meter Removal in Gables Cost $195,000 Each Year

(Continued from Page 1) es substracted from the amount of nickels, dimes and pennies put in during a year's time. This is what Finance Director Kenneth Allyn told the merchants Tuesday as they sought ways to combat the economic threat of Dadeland and other shopping centers. Representatives of the Traffic and Parking Committee of the Chamber of Commerce and the Special Parking Committee of the Retail Merchants Division had gathered to hear the facts about meters. The annual bond issue costs would continue until 1981, expiration date for the bonds on the meters and lots. If we wished to pay the whole obligation off today, Allyn, noted, it would take $1.909 million. This figure comes from the $1.853 outstanding in bonds plus the 3% penalty for paying off ahead of time. (Actually, if we pay on schedule between now and 1981, we'll pay out a total of around $3 million; the difference between the amount outstanding, $1.853 million, and what we'll pay is interest.) After conferring with Police Chief William Kimbrough, Allyn came up with the need for eight more enforcement personnel and equipment at a cost of $75,000 if meters are removed. This would bring the number of checkers from four to 12. Allyn also pointed out that even though we might take the meters off the streets, the City is still subjected to covenants in the bonds and conceivably the bondholders could object. Also a problem in the off-street lots are those lots set up under the Zain Plan where owners have been getting 35% of the revenues.

CC Unit Likes Plan

The Governmental Affairs Committee of the Chamber of Commerce has gone on record asking the Chamber's Board of Directors to take a stand in favor of the proposed Florida Legislature reapportionment plan. They did this after hearing Richard H. Max Swann—one of two men who successfully fought in the Federal Courts to force the State to reapportionment — address them on the need to defeat the plan. Voting in favor of the proposal were Forrest Mauer, Carl Libby, Charles Taylor, Mrs. Jeane Westerfield and Gerard Pucci. William Kerdyk and Mace Harris were opposed and George Wilson, chairman, abstained.

"Results right away!"

"Sold soon after paper came out," says Mrs. Kyser.

Rattan tables and lamps TV tables, Bargains 6280 S.W. 98 St. MO 6-3966

Why don't you dial HI 4-6844 or HI 3-3054 to place a classified ad. Spanish spoken.

Rader Public Hearing Draws 70 People

(Continued from Page 1) Red Road back to Country Club Prado. "People on the Prado," Atkins said, "are the happiest group in the Gables and I think they want to maintain what they have now." Atkins said he felt apartments would "destroy the values of remaining property. And I don't believe the sentiment of the people would be to have their property values destroyed." It was Atkins' words that drew the most applause of the evening from what was mostly a quiet audience. Lee Lincoln asked what Rader proposed be done about the Gables' Negro section. Eckhoff said Rader made no proposed changes. Howard Rosendorf, 431 Cadima Ave., was afraid Rader's proposal that apartments be built along Red Road and Tamiami Trail would draw people away from the Gables to the Dadeland and Westbrooke areas. Eckhoff said the Gables must sell itself. The city must decide what type of people it wants and then do everything in its power to attract them, he said. Eckhoff pointed to Daytona Beach, which recently persuaded General Electric to build a $20 million plant there. That city, said the Rader associate, saw to it that no obstacles barred the way. Attorney George Jahn, 2602 Country Club Prado, asked Eckhoff if Rader ever considered what the people of Coral Gables wanted. Eckhoff replied it was because their opinions were wanted that public hearings were held. Eckhoff deplored the fact that of 30,000 people in the Gables, only 70 showed up at the hearing. "I'd like to say that this report is a study," Eckhoff told his audience. "And next year, it's going to change and you're going to change. "And it's going to change again . . . And many people are going to watch your development." Eckhoff also said that "Any change you're going to make in a community that is established is going to upend certain areas. "You're going to want to upend as few people as possible," Eckhoff said understandingly. "We're looking at it," he added, "from the over-all picture." Representing the City at the hearing were Mayor Robert Searle and Commissioners C. L. Dressel and George Wilson. Dr. Franklin Evans and Joe Murphy were not present.