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TOWN OF SURFSIDE v. ABELSON

No. 58-40.

106 So.2d 108 (1958)

TOWN OF SURFSIDE, a municipal corporation of the State of Florida, Appellant, v. Albert ABELSON and Lynne Abelson, his wife, Joseph Goldberg and Fannie Goldberg, his wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 24, 1958.

Attorney(s) appearing for the Case

Frank J. Kelly, Miami, for appellant.

Anderson & Nadeau, Miami, for appellees.

HORTON, Judge.

This is an appeal from a final decree declaring the zoning classification of three lots in the Town of Surfside to be unreasonable, discriminatory and void, and enjoining the enforcement thereof. The town has taken this appeal, contending that the Circuit Court erred in substituting its judgment for that of the Town Council.

A brief history of this litigation, together with a description of the subject area is necessary, we feel, for a full...

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