CLARK v. MIAMI SHORES VILLAGE


85 So.2d 227 (1956)

H.L. CLARK, Jr., et al., Appellants, v. MIAMI SHORES VILLAGE, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied March 5, 1956.


Attorney(s) appearing for the Case

Marion E. Sibley, Miami Beach, Thomas Jean Ellis and S. Grover Morrow, Miami, for appellants.

Anderson & Nadeau, Miami, for appellee.


PER CURIAM.

This appeal is from a final order of the Circuit Court granting a motion to dismiss the amended complaint because it did not state a cause of action. The amended complaint sought to enjoin the enforcement of a municipal ordinance restricting the use of appellants' property to that of "single family residences."

A careful review of the amended complaint leads this Court to the conclusion that there is equity in the complaint and the motion should...

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