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CITY OF MIAMI BEACH v. GREATER MIAMI HEBREW ACADEMY

No. 58-37.

108 So.2d 50 (1958)

CITY OF MIAMI BEACH, a Florida municipal corporation, Appellant, v. GREATER MIAMI HEBREW ACADEMY, a corporation organized and existing under the laws of Florida, not for profit, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 2, 1959.

Attorney(s) appearing for the Case

Joseph A. Wanick and Fred R. Baisden, Miami Beach, for appellant.

Sibley, Grusmark, Barkdull & King, Miami Beach, for appellee.

CARROLL, CHAS., Chief Judge.

This is an appeal by the City of Miami Beach, the defendant below, from an adverse decree rendered in the circuit court in Dade County. The decree enjoined the city from enforcing its zoning ordinance to prevent the plaintiff-appellee from having a private school on seven lots in a single family residence district, the zoning of which did not permit such a school.

The appellee, plaintiff below, desiring to build and operate a private...

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