MIAMI BEACH UNITED LUTH. CH. v. CITY OF MIAMI BEACH


82 So.2d 880 (1955)

The MIAMI BEACH UNITED LUTHERAN CHURCH OF THE EPIPHANY, Incorporated, a non-profit corporation of the state of Florida, Appellant, v. The CITY OF MIAMI BEACH, Florida, a municipal corporation, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied November 7, 1955.


Attorney(s) appearing for the Case

Frank J. Kelly and F.E. Gotthardt, Miami, for appellant.

Ben Shepard, Miami, and Joseph A. Wanick, Miami Beach, for appellee.


THOMAS, Justice.

The chancellor ruled in favor of the defendant-city in a suit for declaratory decree and the plaintiff-church appealed.

The appellant charged that zoning restrictions fastened on property, where it proposed to build a church, were discriminatory, arbitrary, unreasonable and unconstitutional, and sought relief by injunction against the enforcement of the restrictions, or by mandatory injunction directing such change in the classification as...

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