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CARROLL v. CITY OF MIAMI BEACH

Nos. 66-152, 66-153.

198 So.2d 643 (1967)

Coleman F. CARROLL, As Bishop of the Diocese of Miami, a Corporation Sole, Appellant, v. CITY OF MIAMI BEACH, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 2, 1967.

Attorney(s) appearing for the Case

Joseph M. Fitzgerald and Thomas A. Horkan, Jr., Miami, for appellant.

Joseph A. Wanick, City Atty., for appellee.

Before PEARSON, CHARLES CARROLL and SWANN, JJ.

SWANN, Judge.

The City of Miami Beach, Florida, has an ordinance which defines a family as:

"FAMILY: One or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, a lodging house or hotel, as herein defined."

The Bishop of the Diocese of Miami, a corporation sole, owns property in the City of Miami Beach which he desired to use as a home for a small group of novices, or...

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